Library of Congress. 



UNITED STATES OF AMERICA. 






PATENT LAWS ^, ^ 

OF THE UNITED STATES; 



TOGETHEK WITH 



RULES AND PROCEEDINGS 



IN THE 



ALSO 




HINTS TO INVENTORS 

HOW TO OBTim LETTERS PATENT 



IN THE 



WITH A SYNOPSIS OF THE 

intent fate 0f l^retgn C0mitt}^s, 

AN^D ADVICE RELATIN-G- THEI^ETO. 

ALSO 

USEFUL LEGAL LXFORMATIOX TO INVENTORS AXD PATENTEES. 

BY 

MUNN & CO., PATENT SOLICITORS, 
PUBLISHERS OF THE SCIENTIFIC AMERICAN. 
offices: new york, Washington, london, and paris. 






EDWARD O. JENKINS, 

Printer and Stereotypjer, 
No. 26 Frankfort St. 



INDEX. 



made, 



Actions cognizable in circuit courts of the United States, &c. , 
Additional improvements, 

Original claim subject to reexamination, .... 

Affirmation, • • 

Agents for the reception and transmission of models to be appointed, 
Agricultural statistics, ......... 

Do. do., • . . 

Antedate of patents authorized, . 
Appeal from decision of Commissioner, . 

Do. do.. 

Do. do., . 

Do. do., 

In case of interfering applications. 
Do. do., . 

Application for patents — how and by whom 
Appropriations out of the Patent Fund, 

Do. do., 

Do. do., . 

Do. do., 

For agricultural statistics. 
Do. do,, 

Chief Justice, .... 

Assistant judges, 
Assistant justices, .... 
As-ignments — patents assignable, . 

Deeds, &c., to be recorded, 

Executed and recorded prior to 15th December, 1836, to be 
corded anew, .... .... 

Not so recorded not to be received as evidence, 

Fee for recording, 

Do. do., 

Do. do., 

Board of examiners to be appointed in cases of appeal, 

Caveats, 

Chief clerk — how appointed, salary, his duties, 

Required to take oath and give bonds, .... 

Chief Justice, 

Clerks— how appointed— interdicted from acquiring any interest 
patents, . 

Required to take oath, 



re- 



in 



Page. 


Sec. 


15 


17 


13 


13 


IP 


8 


9 


6 


20 


10 


20 


9 


28 


1 


11 


8 


10 


7 


23 


11 


23 


12 


27 


1 


10 


8 


23 


10 


9 


6 


22 


3 


22 


4 


22 


4 


28 


1 


22 


9 


28 


1 


24 


13 


27 


2 


27 


1 


12 


11 


19 


6 


17 


1 


17 


2 


12 


11 


22 


8 


26 


o 


10 


« 


12 


12 


7 


2 


8 


3 


24 


13 


7 


2 


8 


3 



IV INDEX. 

Page. Sec 

Clerks — Temporary and other clerks authorized to be appointed, . . 21 2 

Do. do. do., . . 20 11 

Do. do. do., . . .27 3 

Do. do. do., ... 28 1 

Commissioner of Patents — how appointed — his duties, compensation, 7 1 

Interdiction from acquiring any iaterest in patents, ..72 

Kequired to take oath and give bonds, 8 3 

Shall cause a seal to be made, 8 4 

Eequired to lay before Congress a statement of the receipts and 

expenditures of the ofQce, 21 14 

Copies of papers destroyed 15th December, 1836, which have been re- 
stored, to be evidence in any judicial court in the United 

States, &c., 17 2 

Of new patents issued for those lost or destroyed on or before the 

15th December, 1836, to be admissible as evidence, , . 17 3 

Of papers, &c. , and drawings, fees for same, .... 8 4 
Courts may render judgment for a sum not exceeding three times the 

amount of actual damages, 13 14 

Defendant may plead the general issue, &c,, ..... 13 15 

Department of the Interior, ......... 27 2 

Designs, 24 3 

Digest of Patents authorized to be published, 22 3 

Disbursing clerk, . 28 1 

Disclaimer, 19 7 

Do., • . , 19 8 

Do., 20 9 

Draughtsman, how appointed, his salary, 7 2 

Do. do. do., ....... 28 1 

Drawings, fees for copies of, 8 4 

Required in applications, . 9 6 

Duplicates required, 19 6 

Examinations of alleged inventions to be made, proceedings thereon, 9 7 

Examiners, how appointed, . . . , 7 2 

Do. do., . 20 11 

Do. do., 26 1 

Do. do., . . • 26 2 

Assistants, * 21 1 

Do., 26 1 

Do , 26 2 

Extensions, manner of proceeding, 15 18 

Do., • . . 26 1 

Fees for copies of drawings and papers, .*.... 8 4 

For recording assignments, 12 11 

Do. do., . 22 8 

Do. do., • . 26 2 

On application for patents, . ' 11 9 

On filing a caveat, 12 12 

On reissues, . 12 13 

On additional improvements, 12 13 

On extensions, . . 15 18 



INDEX. 



Fees on appeals, 

On reissue for every additional patent, 

For designs, . 

How payable, ......* 

Paid in by mistake, . , . 

Foreign patents, date of, &c., 

Franking privilege, 

Interfering applications, ....... 

Kemedy by bill in equity, ..... 
Inventions may be sold before patents therefor are granted. 

Library for the Patent Office, 

Librarian, . , 

Machinist — how appointed, his salary, .... 

Messenger, . 

Models in applications, ....... 

To be classified, 

Duplicates of those lost or destroyed to be procured, 

Money paid by mistake, 

Oatb, 

Do., 

Patents — how issued, to be signed by the Secretary of the Interior and 
Commissioner of Patents, specifications and drawings to be 
recorded, for what term the patent shall be granted, 

Issued to executors, administrators, &c., in case of the decease of 
the inventor, ......... 

To be assignable, 

Issued prior to 15th December, 1836, to be recorded anew. 

Do. do. do., ... . 

Not so recorded not to be received as evidence, 

New patents to be issued for those lost or destroyed on or before 
15th December, 1836, ........ 

May be issued to assignees, 

Patent Fund, 

All moneys received for patents, &c. , to be carried to the credit 

of, ■ . • 

Penalty for infringing the rights of patentees by marking, &c., 

For neglect in marking patented articles, 
Reissues, 

Several patents may be granted on reissues, 

Original claim subject to revision and restriction, 

Repeal of previous acts, 

Report of Patent Office, 

Seal to be provided, . . • 

Specification, ......... 

Specimens in applications, • . . . . . 

Withdrawal, $20 to be refunded, 

Two-thirds fee returnable to foreigners, . 



Page. 


Sec. 


23 


11 


18 


5 


24 


3 


16 


15 


24 


1 


22 


6 


7 


1 


11 


8 


14 


16 


22 


7 


16 


19 


28 


1 


7 


2 


7 


2 


8 


6 


16 


20 


18 


4 


24 


1 


8 


6 


25 


4 



11 


10 


12 


11 


16 


1 


24 


2 


17 


2 


17 


3 


19 


6 


11 


9 


21 


14 


25 


5 


25 


6 


12 


13 


18 


5 


19 


8 


16 


21 


21 


14 


8 


4 


8 


6 


8 


6 


9 


7 


21 


12 



PATEJSTT LAWS. 



AN ACT to promote the progress of Useful Arts, and to repeal all Acts and 
parts of Acts heretofore made for that purpose. 

Be it enacted hy the Senate and House of Representatives of the Organization of 
United States of America in Congress assembled. That there shall be ^^% Patent Office, 

"^ " ' and its govern" 

established and attached to the Department of State* an office, to be mer.t. 
denominated the Patent Office, the chief officer of which shall be called 
the CocPimissioner of Patents, to be appointed by the President, by and 
with the advice and consent of the Senate, whose duty it shall be, 
under the direction of the Secretary of State, to superintend, execute, 
and perform all such acts and things touching and respecting the 
granting and issuing of patents for new and useful discoveries, inven- 
tions, and improvements, as are herein provided for, or shall here- 
after be, by law, directed to be done and performed, and shall have 
charge and custody of all the books, records, papers, models, machines, 
and all other things belonging to said office. And said Commissioner 
shall receive the salme compensationf as is allowed by law to the 
Commissioner of the Indian Department, and shall be entitled to send 
and receive letters and packages by mail, relating to the business of 
the office, free of postage. J 

Sec. 2. And be it further enacted, That there shall be in said office Of clerks andin- 
an inferior officer, to be appointed by the principal officer, with the theT/saKs!' *"^ 
approval of the Secretary of State, to receive an annual salary of 
seventeen hundred dollars, and to be called the chief clerk of the 
Patent Office, who, in all cases during the necessary absence of the 
Commissioner, or when the said principal office shall become vacant, 
shall have the charge and custody of the seal, and of the records, 
books, papers, machines, models, and all other things belonging to 
the said office, and shall perform the duties of Commissioner during 
such vacancy. And the said Commissioner may also, with like ap- 

* Now attached to the Home Department, — See page 27, section 2. 

t S3,000. 

j Franking privilege annulled by the act entitled "An act to reduce the 
rates of postage,'' &c., approved 8d March, 1845; and restored by tlie act 
entitled "An act to establish certain post routes, and for other purposes," 
approved 3d March, 1847 ; and the act approved 27th April, 1848. — See page 
20. section 4. 



8 PATENT LAWS. 

proval, appoint an examining clerk at an annual salary of fifteen 
hundred dollars, two other clerks at twelve hundred dollars each, 
one of whom shall be a competent draughtsman ; one other clerk, at 
one thousand dollars ; a machinist, at twelve hundred and fifty dol- 
Cannot take or lars ; and a messenger, at seven hundred dollars. And said Com- 

patenS^ ^^^^^^^"^ *° ^^^^^^^®^' c^^^^^^; ^^^ every other person appointed and employed 
in said office, shall be disqualified and interdicted from acquiring or 
taking, except by inheritance, during the period for which they shall 
hold their appointments, respectively, any right or interest, directly or 
indirectly, in any patent for an invention or discovery which has 
been, or may hereafter be granted. 
Officers miyst irive Sec. 3. And he it further enacted, That the said principal officer, 

bonds for foithfui ^j^^ everv Other person to be appointed in the said office, shall, before 

porfonnaQC^ of du- "^ *•. .'■ . '' 

ties. he enters upon the duties of his office or appointment, make oath or 

affirmation truly and faithfully to execute the trust committed to him. 
And the said Commissioner and the chief clerk shall also, before en- 
tering upon their duties, severally give bonds, with sureties, to the 
Treasurer of the United States ; the former in the sum of ten thou- 
sand dollars, and the latter in the sum of five thousand dollars, with 
condition to render a true and faithful account to him or his successor 

/ in office, quarterly, of all moneys which shall be by them respectively 

received for duties on patents, and for copies of records and drawings, 
and all other moneys received by virtue of said office. 
Patent and rec- Sec. 4. And he it further enacted, That the said Commissioner shall 

°'^rfff^d^~"^*^^* ^f cause a seal to be made and provided for the said office, with such 

documents. device as the President of the United States shall approve ; and 

copies of any records, books, papers, or drawings, belonging to the 
said office, under the signature of the said Commissioner, or, when the 
office shall be vacant, under the signature of the chief clerk, with the 
said seal affixed, shall be competent evidence in all cases in which the 
original records, books, papers, or drawings could be evidence. And 
any person making application therefor may have certified copies of 
the records, drawings, and other papers deposited in said office, on 
paying for the written copies the sum of ten cents for every page of 
one hundred words ; and for copies of drawings, the reasonable ex- 
penses of making the same. 
"What a patent Sec. 5. And he it further enacted, That all patents issuing from 

SiTLnddafms ^^^^ °^^® ^^^^^^ ^^ issued in the name of the United States, and 
' under the seal of said office, and be signed by the Secretary of State,* 
and countersigned by the Commissioner of said office, and shall be 
recorded, together with the descriptions, specifications, and drawings, 
in the said office, in books to be kept for that purpose. Every such 
patent shall contain a short description or title of the invention or 
discovery, correctly indicating its nature and design, and in its terms 
grant to the applicant or applicants, his or their heirs, administrators, 
executors, or assigns, for a term not exceeding fourteen years, the 
full and exclusive right and liberty of making, using, and vending to 
others to be used, the said invention or discovery, referring to the 
specifications for the particulars thereof, a copy of which shall be an- 
nexed to the patent, specifying what the patentee claims as his 
invention or discovery. 

«• Secretary of the Interior. — See page 27, section 2. 



PATENT LAWS. 9 

Sec. 6. And he it further enacted, That any person or persons tv hat are subjects 
having discovered or invented any new and useful art, machine, whar*^°Snditions 
manufacture, or composition of matter, or any new and useful improve- granted, 
ment on any art, machine, manufacture, or composition of matter, not 
known or used by others before his or their discovery or invention, 
thereof, and not at the time of his application for a patent in public use 
or on sale, witli his consent or allowance, as the inventor or discoverer, 
and shall desire to obtain an exclusive property therein, may make ap- 
plication, in writing, to the Commissioner of Patents, expressing such 
desire ; and the Commissioner, on due proceedings had, may grant a 
patent therefor. But before any inventor shall receive a patent for . ^ow specifiea- 

^ 1 . ,. T •' iiiiTT -,,1 • tion must be made. 

any such new mvention or discovery, he shall deliver a written descrip- 
tion of his invention or discovery, and of the manner and process of 
making, constructing, using, and compounding the same, in such full, 
clear, and exact terms, avoiding unnecessary prolixity, as to enable 
any person skilled in the art or science to which it appertains, or with 
which it is most nearly connected, to make, construct, compound, and 
us3 the same ; and in case of any machine, he shall fully explain the 
principle, and the several modes in which he has contemplated the 
application of that principle or character by which it may be dis- 
tinguished from other inventions ^ and shall particularly specify and 
point out the part, improvement, or combination wliich he claims as 
his own invention or discovery. He shall, furthermore, accompany Ofdrawinscs. spe- 
the whole with a drawing or drawings, and written references, where ^■""''"''- '^"'^ "'ode.s 
the nature of the case admits of drawings ; ,or with specimens of in- 
gredients, and of the composition of matter, sufficient in quantity for 
the purpose of experiment, where the invention or discovery is of a 
composition of matter; which descriptions and drawings, signed by 
the inventor, and attested by two witnesses, shall be filed in the 
Patent Office ; and he shall, moreover, furnish a model of his inven- 
tion in all cases which admit of a representation by model, of a con- 
venient size, to exhibit advantageously its several parts. The appli- 
cant shall make oath* or affirmation that he does verily believe that Oath and eitiae«- 
he is the original and first inventor or discoverer of the art, machine, ^ ^^' 
composition, or improvement, for which he solicits a patent ; and that 
he does not know or believe that the same was ever before known 
or used ; and also of what country he is a citizen ; which oath or 
affirmation may be made before any person authorized by law to 
administer oaths. 

Sec. 7. And be it further enacted, That on the filing of any such Examination a;- 
application, description, and specification, and the payment of the n'^.w^rejectcdl wml 
duty hereinafter provided, the Commissioner shall make, or cause to rvference to prior 
be made, an examination of the alleged new invention or discovery ; '' "'^°^'''^* 
and if, on any such examination, it shall not appear to the Commis- 
sioner that the same had been invented or discovered by any other 
person in this country, prior to the alleged invention or discovery 
thereof by the applicant, or that it had been patented or described in 
any printed publication in this or any foreign country, or liad been 
in public use or on sale, with the applicant's consent or allowance, 
prior to the application, if the Commissioner shall deem it to be suf- 
ficiently useful and important, it shall be his duty to issue a patent 

* See section 4, p. 25. 



10 PATENT LAWS. 

How amend if therefor. But whenever, on such examination, it shall appear to the 
part IS new. Commissioner that the applicant was not the original and first inven- 

tor or discoverer thereof, or that any part of that which is claimed 
as new had before been invented or discovered, or patented, or 
described in any printed publication in this or any foreign country as 
aforesaid, or that the description is defective and insuJSicient, he shall 
notify the applicant thereof, giving him briefly such information and 
references as may be useful in judging of the propriety of renewing 
his application, or of altering his specification to embrace only that 
Can wiihdrawpart of the invention or discovery which is new. In every such 
of^hftax^^^Modei ^^^^i if the applicant shall elect to withdraw his application, relin- 
remains. quishing his claim to the model, he shall be entitled to receive back 

twenty dollars,* part of the duty required by this act, on filing a 
notice in writing of such election in the Patent Office ; a copy of 
which, certified by the Commissioner, shall be sufficient warrant to 
the Treasurer for paying back to the said applicant the said sum of 
To whom appeals twenty dollars. But if the applicant, in such case, shall persist in his 
are ma e, an low. ^Yo^m. for a patent, with or without any alteration of his specification, 
he shall be required to make oath or affirmation anew, in manner as 
aforesaid ; and if the specification and claim shall not have been so 
modified as, in the opinion of the Commissioner, shall entitle the ap- 
plicant to a patent, he may, on appeal, and upon request in writing, 
have the decision of a board of examiners, f to be composed of three 
disinterested persons, who shall be appointed for that purpose by the 
Secretary of State, one of whom, at least, to be selected, if practicable 
and convenient, for his knowledge and skill in the particular art, 
manufacture, or branch of science to which the alleged invention 
appertains ; who shall be under oath or affirmation for the faithful 
and impartial performance of the duty imposed upon them by said 
Commissioner appointment. Said board shall be furnished with a certificate in 
grounds *of ^his re*^ writing, witli the opinion and decision of the Commissioner, stating 
jection. the particular grounds of his objection, and the part or parts of the 

invention which he considers as not entitled to be patented. And 
the said board shall give reasonable notice to the applicant, as well 
as to the Commissioner, of the time and place of their meeting, that 
they may have an opportunity of furnishing them with such facts 
and evidence as they may deem necessary to a just decision ; and it 
shall be the duty of the Commissioner to furnish to the board of ex- 
aminers such information as he may possess relative to the matter 
under their consideration. And on examination and consideration 
of the matter by such board, it shall be in their power, or of a major- 
ity of them, to reverse the decision of the Commissioner, either in 
whole or in part; and their opinion being certified to the Commissioner, 
he shall be governed thereby in the further proceedings to be had on 
Tax on appeal, such application : Provided, however, That before a board shall be 
board.^^ ^^ appeai i^g^ituted in any such case, the applicant shall pay to the credit of 
the treasury, as provided in the ninth section of this act, the sum of 
twenty -five dollars ; and each of said persons so appointed shall be 
entitled to receive for his services, in each case, a sum not exceeding 

* All applicants on withdrawal are entitled to a return of two-thirds the 
duty deposited. — See section 12, pa^re 21. 
t Repealed. — See section 11. page 23. 



PATENT LAWS, 11 

ten dollars, to be determined and paid by the Commissioner out of 
any moneys in his hands, which shall be in full compensation to the 
persons who may be so appointed, for their examination and cer- 
tificate as aforesaid. 

Sec. 8. And he it further enacted, That whenever an apphcation ]^c° jfJjf®""fio^ 
shall be made for a patent, which, in the opinion of the Commissioner, decided. ' Appeals 
would interfere with any other patent for which an application may ^^j^g"^^^^^™^^!^®*^""" 
be pending, or with any unexpired patent which shall have been 
granted, it shall be the duty of the Commissioner to give notice 
thereof to such applicants or patentees, as the case may be ; and if 
either shall be dissatisfied with the decision of the Commissioner on 
the question of priority of right or invention, on a hearing thereof, he 
may appeal from such decision, on the like terms and conditions as 
are provided in the preceding section of this act, and the like pro- 
ceedings shall be had, to determine which, or whether either of the 
applicants is entitled to receive a patent as prayed for. But nothing j^^g^^bToad Dates 
in this act contained shall be construed to deprive an original and of patents, and fii- 
true inventor of the right to a patent for his invention, by reason of !,"fjJj!J.^g"a"/^*no? 
his having previously taken out letters patent therefor in a foreign tice. 
country, and the same having been published, at any time within six 
months next preceding the filing of his specification and drawings. 
And whenever the applicant shall request it, the patent shall take 
date from the time of filing of the specifications and drawings ; not, 
however, exceeding six mouths prior to the actual issuing of the 
patent; and on like request, and the payment of the duty herein 
required, by any applicant, his specification and drawings shall be 
filed in the secret archives of the office, until he shall furnish the 
model, and the patent be issued, not exceeding the term of one 
year — the applicant being entitled to notice of interfering application. 

Sec. 9. And he it further enacted, That before any application for Tatent tax, and 
a patent shall be considered by the Commissioner as aforesaid, the 
applicant shall pay into the Treasury of the United States, or into 
the Patent Office, or into any of the deposit banks,* to the credit of 
the treasury, if he be a citizen of the United States, or an alien, and 
shall have been resident in the United States for one year next 
preceding, and shall have made oath of his intention to become a 
citizen thereof, the sum of thirty dollars ; if a subject of the king of 
Great Britain, the sum of five hundred dollars ; and all other persons 
the sum of three hundred dollars ; for which payment duplicate re- 
ceipts shall be taken, one of w4iich to be filed in the office of the 
Treasurer. And the moneys received into the treasury under this 
act shall constitute a fund for the payment of the salaries of the offi- 
cers and clerks herein provided for, and all other expenses of the 
Patent Office, and to be called the Patent Fund, 

Sec. 10. And be it further enacted. That where any person hatli li^"s '"ay ^"e 

, 1 n 1 1 • • T '' ^ . for patents where 

made, or shall have made, any new mvention, discovery, or miprove- inventor is dcceas- 
ment, on account of which a })atent might, by virtue of this act, bo fiyn^®^**'"'' *Pi^''*^*" 
granted, and such person shall die before any patent shall be granted 
therefor, the right of applying for and obtaining such patent shall 
devolve on the executor or administrator of such person, in trust for 
the heirs-at-law of the deceased, in case he shall have died intestate ; 

• See section 15, page 25. 



12 PATENT LAWS. 

but if otherwise, then in trust for his devisees, in as full and ample 
manner, and under the same conditions, limitations, and restrictions, 
as the same was held, or might have been claimed or enjoyed, by 
such person in his or her lifetime ; and when application for a patent 
shall be made by such legal representatives, the oath or affirmation 
'provided in the sixth section of this act shall be so varied as to be 
applicable to them. 
Assignments Sec. 11. And he it further enacted, That every patent shall be 
iii"patent Office^^*^ ^^^^o^^^-^® ^^ -^^^j either as to the whole interest, or any undivided 
part thereof, by any instrument in writing ; which assignment, and 
also every grant and conveyance of the exclusive right, under any 
patent, to make and use, and to grant to others to make and use, the 
thing patented within and throughout any specified part or portion 
of the United States, shall be recorded in the Patent Office within 
three months from the execution thereof, for which the assignee or 
grantee shall pay to the Commissioner the sum of three dollars.* 
Caveat, and cave- Sec. 12. Ajid he it further enacted, That any citizen of the United 
at fees. States, or alien, who shall have been a tesident of the United States 

one year next preceding, and shall have made oath of his intention 
to become a citizen thereof, who shall have invented any new art, 
machine, or improvement thereof, and shall desire further time to 
• mature the same, may, on paying to the credit of the Treasury, in 
manner as provided in the ninth section of this act, the sum of 
twenty dollars, file in the Patent Office a caveat setting forth the 
design and purpose thereof, and its principal and distinguishing char- 
acteristics, and praying protection of his right till he shall have ma- 
tured his invention ; which sum of twenty dollars, in case the person 
filing such caveat shall afterwards take out a patent for the invention 
therein mentioned, shall be considered a part of the sum herein re- 
quired for the same. And such caveat shall be filed in the confiden- 
Uses of a caveat. ^^^^ archives of the office, and preserved in secrecy. And if appli- 
cation shall be made by any other person, within one year from the 
time of filing such caveat, for a patent of any invention with which 
it may in any respect interfere, it shall be the duty of the Commis- 
sioner to deposit the description, specifications, drawings, and model, 
in the confidential archives of the office, and to give notice (by mail) 
to the person filing the caveat of such application, who shall, within 
three months after receiving the notice, if he would avail himself of 
the benefit of his caveat, file his description, specifications, drawings, 
and model ; and if, in the opinion of the Commissioner, the specifica- 
tions of claim interfere with each other, like proceedings may be had 
in all respects as are in this act provided in the case of interfering 
applications : Provided, hoioever, That no opinion or decision of any 
board of examiners, under the provisions of this act, shall preclude 
any person interested in favor of or against the validity of any patent 
which has been or may hereafter be granted, from the right to con- 
test the same in any judicial court, in any action in which its valid- 
ity may come in question, 
issue— for '"^amo mil Sec. 13. And he it further enacted, That whenever any patent, 
menta ami correc- which has heretofore been granted, or which, shall hereafter be 
and assignees h.ive granted, shall be inoperative or invalid, by reason of a defective or 

* See section 8, page 22. 



PATENT LAWS. 13 

insufficient description or specification, or by reason of the patentee*^® "oi»t of ««"en- 
claiming in his specification, as his own invention, more than he had 
or shall have a right to claim as new, if the error has or shall have 
arisen by inadvertency, accident, or mistake, and without any fraud- 
ulent or deceptive intention, it shall be lawful for the Commissioner, 
upon the surrender to him of such patent, and the payment of the 
further duty of fifteen dollars, to cause a new patent to be issued to 
the said inventor for the same invention, for the residue of the period 
then unexpired for which the original patent was granted, in accord- 
ance with the patentee's corrected description and specification. 
And in case of his death or any assignment by him made of the 
original patent a similar right shall vest in his executors, administra- 
tors, or assignees. And the patent so reissued, together with the 
corrected description and specifications, shall have the same effect 
and operation in law, on the trial of all actions hereafter commenced 
for causes subsequently accruing, as though the same had been 
originally filed in such corrected form, before the issuing of the 
orio:inal patent.* And whenever the original patentee shall be ^^Pf engrossing 

,V Vtt ,11 •,• T -^--p • additions on patent 

desirous oi addmg the description and speciiication oi any new im- with the tax. 
provement of the original invention or discovery, which shall have- 
been invented or discovered by him subsequent to the date of his 
patent, he may, like proceedings being had in all respects as in the 
case of the original applications, and on the payment of fifteen 
dollars, as hereinbefore provided, have the same annexed to the 
original description and specification ; and the Commissioner shall 
certify, on the margin of annexed description and specification, the 
time of its being annexed and recorded ; and the same shall here' 
after have the same effect in law, to ail intents and purposes, as 
though it had been embraced in the original description and specifi' 
cation, f 

Sec. 14. And he it further enacted^ That whatever, in any action Action for in- 
fer damages [for] making, using, or selling the thing whereof the a"°J*°^''"*'" *™* 
exclusive right is secured by any patent heretofore granted, or by 
any patent which may hereafter be granted, a verdict shall be 
rendered for the plaintiff in such action, it shall be in the power of 
the court to render judgment of any sum above the amount found by 
such verdict as the actual damages sustained by the plaintiff, not 
exceeding three times the amount thereof according to the circum- 
stances of the case, with costs ; and such damages may be recovered 
by action ok the ease, in any court of competent jurisdiction, to be 
brought in the name or names of the person or persons interested, 
whether as patentee, assignee, or as grantees 'of the exclusive right 
within and throughout a specified part of the United States. 

Sec. 15. And he it further enacted^ That the defendant in any such Dofondunt may 
action shall be permitted to plead the general issue, and to give this jjf^ uS^he^'vaUdu 
act and any special matter in evidence, of which notice in writing ty and novi-ity of 
may have been given to the plaintiff or his attorney, thirty days P"'*^"^ 
before trial, tending to prove that the description and specification 
filed by the plaintiff does not contain the whole truth relative to his 
invention or discovery, or that it contains more than is necessary to 
produce the described effect ; which concealment or addition shall 

* See section 5, page 18, f See section S, puge lU. 



14 PATENT LAWS. 



1 



fullj appear to have been made for the purpose of deceiving the 
public, or that the patentee was not the original and first inventor or 
discoverer of the thing patented, or of a substantial and material part 
thereof claimed as new, or that it has been described in some public 
work anterior to the supposed discovery thereof bj the patentee, or 
had been in public use or on sale with the consent and allowance of 
the patentee before his application for a patent, or that he had sur- 
reptitiously or unjustly obtained the patent for that which was in fact 
invented or discovered by another, who was using reasonable dili- 
if an alien has g©iice in adapting and perfecting the same ; or that the patentee, if an 
failed to put in alien at the time the patent was granted, had failed and neglected, 
eishf-eon months for the spaco of eighteen months from the date of the patent, to put 
from date' of gra. t. ^-j^^ contiuuc ou Sale to the public, on reasonable terms, the invention 
or discovery for which the patent issued ; and whenever the defendant 
relies in his defence on the fact of a previous invention, knowledge, 
or use of the thing patented, he shall state, in his notice of special 
matters, the names and places of residence of those whom he intends 
to prove to have possessed a prior knowledge of the thing, and 
where the same had been used ; in either of which cases judgment 
Part of the in ven shall be rendered for the defendant with costs: Provided, however, 
tJon proving old, That whenever it shall satisfactorily appear that the patentee, at the 
patent. time of making his application for the patent, believing himself to be 

the first inventor or discoverer of the thing patented, the same shall 
not be held to be void on account of the invention or discovery, or 
any part thereof, having been before known or used in any 
foreign country ; it not appearing that the same, or any substantial 
part thereof, had before been patented or described in any printed 
publication : And provided, also, That whenever the plaintiff shall 
fail to sustain his action on the ground that in his specification or 
claim is embraced more than that of which he was the first inventor, 
if it shall appear that the defendant had used or violated any part of 
the invention justly and truly specified and claimed as new, it shall 
be in the power of the court to adjudge and award, as to costs, as 
may appear to be just and equitable. * 
OfiQterfcringap- Sec. 16. And l>e it further enacted. That whenever there shall be 
pe^ffor^/emedyby ^"^^ interfering patents, or whenever a patent or application shall 
Liii in equity. have been refused on an adverse decision of a board of examiners,f 
on the ground that the patent applied for would interfere with an 
unexpired patent previously granted, any person interested in any 
such patent, either by assignment or otherwise in the one case, and 
any such applicant in the other case, may have remedy by bill in 
equity ; and the court, 'having cognizance thereof, on notice to ad- 
verse parties, and other due proceedings had, may adjudge and de- 
clare either the patents void in the whole or in part, or inoperative 
and invalid in any particular part or portion of the United States, 
according to the interest which the parties to such suit may possess 
in the patent or the inventions patented ; and may also adjudge 
that such applicant is entitled, according to the principles and pro- 
visions of this act, to have and receive a patent for his invention, as 
specified in his claim, or for any part thereof, as the fact of priority 
of right or invention shall, in any such case, be made to appear. 

* See section 9, page 20. f See section 11, page 28. 



PATENT LAWS. 15 

And such adjudication, if it be in favor of the right of such apph- 
cant, shall authorize the Commissioner to issue such patent, on his 
fihng a copy of the adjudication, and otherwise complying with the 
requisitions of this act : Provided, however, That no such judgment 
or adjudication shall affect the rights of any person, except the 
parties to the action, and those deriving title from or under them 
subsequent to the rendition of such judgment. 

Sec. 17. And he it further enacted, That all actions, suits, contro- Where patent 
versies, and cases arising under any law of the United States, grant- granting of ininnc- 
ing or confirming to inventors the exclusive right to their inventions l^^'^S' and appeal to 
or discoveries, shall be originally cognizable, as well in equity as at 
law, by the circuit courts of the United States, or any district court 
having the powers and jurisdiction of a circuit court ; which courts 
shall have power, upon a bill in equity filed by any party aggrieved, 
in any such case, to grant injunctions according to the course and 
principles of courts of equity, to prevent the violation of the rights 
of any inventor as secured to him by any law of the United States, 
on such terms and conditions as said courts may deem reasonable : 
Provided, however, That from all judgments and decrees from any 
such court rendered in the premises, a writ of error or appeal, as the 
case may require, shall He to the Supreme Court of the United 
States, in the same manner, and under the same circumstances, as is 
now* provided by law in other judgments and decrees of circuit 
courts, and in all other cases in which the court shall deem it reason- 
able to allow the same. 

Sec. 18. And he it further enacted. That whenever any patentee conditions and 
of an invention or discovery shall desire an extension of his patent P^^'^^f^^"?^"®*'®^* 

, , , „.,..•'., , T • ^ r- s^^^ ^^ obtain an 

beyond the term oi its limitation, he may make application thereior, extension of a pat- 
in writing, to the Commissioner of the Patent Office, setting forth the ®"** 
grounds thereof; and the Commissioner shall, on the applicant's pay- 
ing the sum of forty dollars to the credit of the Treasury, as in the 
case of an original application for a patent, cause to be published in 
one or more of the principal newspapers in the city of Washington, 
and in such other paper or papers as he may deem proper, published 
irf the section of the country most interested adversely to the exten- 
sion of the patent, a notice of such application, and of the time and 
place when and where the same will be considered, that any person 
may appear and show cause why the extension should not be granted. 
And the Secretary of State, the Commissioner of the Patent Office, 
and the Solicitor of the Treasury shall constitute a board * to hear 
and decide upon the evidence produced before them, both for and 
against the extension, and shall sit for that purpose at the time and 
place designated in the published notice thereof. The patentee shall 
furnish to said board a statement, in writing, under oath, of the 
ascertained value of the invention, and of his receipts and expendi- 
tures, sufficiently in detail to exhibit a true and faithful account of 
loss and profit in any manner accruing to him from and by reason of 
said invention. And if, upon a hearing of the matter, it shall ap- r^^,^^^ ^j «>xto«- 
pear to the full and entire satisfaction of said board, having due re- sion. Of extenMon. 
gard to the public interest therein, tliat it is just and proper tliat the 
term of the patent should be extended, by reason of the patentee, 

• Repealed.— See section 1, page 26. 



16 



PATENT LAWS. 



Library. 



Eights o: assign- without neglect or fault on his part, having failed to obtain, from the 
f,t^^.*^?^ ^I^^'!^^^ use and sale of his invention, a reasonable remuneration for the time, 
ingenuity, and expense bestowed upon the same, and the mtroduc- 
tion thereof into use, it shall be the duty of the Commissioner to re- 
new and extend the patent, by making a certificate thereon of such 
extension, for the term of seven years from and after the expiration 
of the first term ; which certificate, with a certificate of said board of 
their judgment and opinion as aforesaid, shall be entered on record 
in the Patent Office ; and thereupon the said patent shall have the 
same effect in law as though it had been originally granted for the 
term of twenty-one years ; and the benefit of such renewal shall ex- 
tend to assignees and grantees of the right to use the thing patented, 
to the extent of their respective interests therein : Provided^ however, 
That no extension of a patent shall be granted after the expiration 
of the term for which it was originally issued. 

Sec. 19. And he it further enacted^ That there shall be provided, 
for the use of said office, a library of scientific works and periodical 
publications, both foreign and American, calculated to facilitate the 
discharge of the duties hereby required of the chief officers therein, 
to be purchased under the direction of the Committee of the Library 
of Congress. And the sum of fifteen hundred dollars is hereby ap- 
propriated for that purpose, to be paid out of the Patent Fund, 

Sec. 20. And he it further enacted^ That it shall be the duty of 
the Commissioner to cause to be classified and arranged, in such 
rooms or galleries as may be provided for that purpose, in suitable 
cases, when necessary for their preservation, and in such manner as 
shall be conducive to a beneficial and favorable display thereof, the 
models, and specimens of compositions and fabrics, and other manu- 
factures and works of art, patented or unpatented, which have been, 
or shall hereafter be, deposited in said office. And said rooms or 
galleries shall be kept open during suitable hours for public inspec- 
tion. 
All former Acts Sec. 21. And he it further enacted, That all acts and parts of acts 
heretofore passed on this subject be, and the same are hereby, re- 
pealed : Provided, however, That all actions and process in law or 
equity sued out prior to the passage of this act may be prosecuted to 
final judgment and execution, in the same manner as though this 
act had not been passed, excepting and saving the application to 
any such action of the provisions of the fourteenth and fifteenth 
sections of this act, so far as they may be applicable thereto : And 
provided, also, That all applications or petitions for patents, pending 
at the time of the passage of this act, in cases where the duty has 
been paid, shall be proceeded with and acted on in the same manner 
as though filed after the passage thereof. 

Approved July 4, 1836. 



Exhibition 
models. 



of 



repealed. 



AN ACT in additioa to the act to promote the progress of Science and 

Useful Arts. 

Recording anew Be it enacted hy the Senate and House of Representatives of the United 

08 pa en s. States of America in Congress assembled. That any person who may 

be in possession of, or in any way interested in, any patent for an 



PATENT LAWS. 17 

invention, discovery, or improvement, issued prior to the fifteenth 
day of December, in the year of our Lord one thousand eight hun- 
dred and thirty-six, or in an assignment of any patent, or interest 
therein, executed and recorded prior to the said fifteenth day of De- 
cember, may, without charge, on presentation, or transmission thereof 
to the Commissioner of Patents, have the same recorded anew in the 
Patent Office, together with the descriptions, specifications of claim, 
and drawings annexed or belonging to the same ; and it shall be the 
duty of the Commissioner to cause the same, or any authenticated 
copy of the original record, specification, or drawing, which he may 
obtain, to be transcribed and copied into books of record to be kept 
for that purpose ; and wherever a drawing was not originally annexed 
to the patent, and referred to in the specification, any drawing pro- 
duced as a delineation of the invention, being verified by oath in such 
manner as the Commissioner shall require, may be transmitted and 
placed on file, or copied as aforesaid, together with certificate of the 
oath ; or such drawings may be made in the office, under the direc- 
tion of the Commissioner, in conformity with the specification. And 
it shall be the duty of the Commissioner to take such measures as 
may be advised and determined by the board of commissioners pro- 
vided for in the fourth section of this act, to obtain the patents, 
specifications, and copies aforesaid, for the purpose of being so tran- 
scribed and recorded. And it shall be the duty of each of the several 
clerks of the judicial courts of the United States to transmit, as soon 
as may be, to the Commissioner of the Patent Office, a statement of 
all the authenticated copies of patents, descriptions, specifications, and 
drawings of inventions and discoveries made and extended prior to 
the aforesaid fifteenth day of December, which may be found on the 
files of his office ; and also to make out and transmit to said Com- 
missioner, for record as aforesaid, a certified copy of every such 
patent, description, specification, or drawing, which shall be specially 
required by said Commissioner. 

Sec. 2. AMd he it further enacted^ That copies of such record and s«<'>i recorded 
drawings, certified by the Commissioner, or, in his absence, by the ma jade evidence 
chief clerk, shall be prima facie evidence of the particulars of the ^". 5^'^, courts, as 
invention, and of the patent granted therefor, in any judicial court of 
the United States, in all cases where copies of the original record, or 
specifications and drawings, would be evidence, without proof of the 
loss of such originals; and no patent issued prior to the aforesaid 
fifteenth day of December, shall, after the 1st day of June next, be 
received in evidence in any of the said courts in behalf of the patentee 
or other person who shall be in possession of the same, unless it shall 
have been so recorded anew, and a drawing of the invention, if sep- 
arate from the patent, verified as aforesaid, deposited in the Patent 
Office ; nor shall any written assignment of any such patent, executed 
and recorded prior to the said fifteenth day of December, be received 
in evidence in any of the said courts in behalf of the assignee or 
other person in possession thereof^ until it shall have been so recorded 
anew. 

Sec. 3. And he it further enacted^ That whenever it shall appear to Commissioner in 
the Commissioner that any patent was destroyed by the burning of 'J]'"*Jj'-"'5'J'J'*."'/j[[^,J*j 
the Patent Office building on the aforesaid fifteenth day of Decern- in i»!«ce of the one 
2 



^^ ^Kf PATENT LAWS. 

destroyed by burn- ber, or was otherwise lost prior thereto, it shall be his duty, on ap- 
Office^ ^^* Patent plication therefor by the patentee or other person interested therein, 
to issue a new patent for the same invention or discovery, bearing 
the date of the original patent, with his certificate thereon, that it 
was made and issued pursuant to the provisions of the third section 
of this act, and shall enter the same of record : Provided^ Jioiuever, 
That before such patent shall be issued, the applicant therefor shall 
deposit in the Patent Office a duplicate, as near as may be, of the 
original model, drawings, and descriptions, with specifications of the 
invention or discovery, verified by oath, as shall be required by the 
Commissioner; and such patent and copies of such drawings and 
descriptions, duly certified, shall be admissible as evidence in any 
judicial court of the United States, and shall protect the rights of the 
patentee, his administrators, heirs, and assigns, to the extent only in 
which they would have been protected by the ^^original patent and 
specification.* 
Restoration of Sec. 4. And he it further enacted, That it shall be the duty of the 
by burnin^t'^^orPat^ Commissioner to procure a duplicate of such of the models destroyed 
ent Office. by fire on the aforesaid fifteenth day of December, as were most 

valuable and interesting, and whose preservation would be important 
to the public, and such as would be necessary to facilitate the "just 
discharge of the duties imposed by law on the Commissioner in 
issuing patents, and to protect the rights of the public and of paten- 
tees in patented inventions and improvements : Provided, That a 
duplicate of such models may be obtained at a reasonable expense : 
And provided, also, That the whole amount of expenditure for this 
purpose shall not exceed the sum of one hundred thousand dollars. 
And there shall be a temporary board of commissioners, to be com- 
posed of the Commissioner of the Patent Office, and two other persons 
to be appointed by the President, whose duty it shall be to consider 
and determine upon the best and most judicious mode of obtaining 
models of suitable construction ; and, also, to consider and determine 
what models may be procured in pursuance of, and in accordance 
with, the provisions and limitations in this section contained. And 
said commissioners may make and establish all such regulations, 
terms, and conditions not inconsistent with law, as in their opinion 
may be proper and necessary to carry the provisions of this section 
into efiect, according to its true intent. 
Surrender and Sec. 5. And he it further enacted. That w^henever a patent shall 
severar~arrto 'be^6 returned for Correction and reissue, under the thirteenth section 
w?'^^*^ d^" r^*^^^" *^^ *^^ ^^^ ^^ which this is additional, and the patentee shall desire 
models are requir- several patents to be issued for distinct and separate parts of the 
for iost"inodeb ^^"'"^ ^^^^S Patented, he shall first pay, in manner and in addition to 
the sum provided by that act, the sum of thirty dollars for each ad- 
ditional patent so to be issued : Provided, however. That no patent 
made prior to the aforesaid fifteenth day of December, shall be cor- 
rected and reissued until a duplicate of the model and drawing of the 
thing, as originally invented, verified by oath as shall be required by 
the Commissioner, shall be deposited in the Patent Office. Nor shall 
any addition of an improvement be made to any patent heretofore 
granted, nor any new patent be issued for an improvement made in 

* See section 2, page 24. 



PATENT LAWS. 19 

any machine, manufacture, or process, to the original inventor, assig- 
nee, or possessor of a patent therefor, nor any disclaimer be admitted 
to record, until a duplicate model and drawing i^f the thing originally 
invented, verified as aforesaid, shall have been deposited in the 
Patent Office, if the Commissioner shall require the same ; nor shall 
any patent be granted for an invention, improvement, or discovery, 
the model or drawing of which shall have been lost, until another 
model and drawing, if required by the Commissioner, shall in like 
manner be deposited in the Patent Office. And in all such cases, as 
well as in those which may arise under the third section of this act, 
the question of compensation- for such models and drawings shall be 
subject to the judgment and decision of the commissioners provided 
for in the fourth section, under the same limitations and restrictions 
as are herein prescribed. 

Sec. 6. And he it further enacted^ That any patent, hereafter to be Patents may be 
issued, may be made and issued to the assignee or assignees of the^yp^ifcateS-awinS 
inventor or discoverer, the assignment thereof being first entered of required, 
record, and the application therefor being duly made, and the speci- 
fication duly sworn to by the inventor. And in all cases hereafter, 
the applicant for a patent shall be held to furnish duplicate drawings, 
whenever the case admits of drawings, one of which to be deposited 
in the office, and the other to be annexed to the patent, and con- 
sidered a part of the specification. 

Sec. 7. And he it further enacted, That whenever any patentee Disciaimera can 
shall have, through inadvertence, accident, or mistake, made his^J^g^^^^g^^^^i^P^J^ 
specification of claim too broad, claiming more than that of which he affect pending ac- 
was the original or first inventor, some material and substantial part ^^^^' 
of the thing patented being truly and justly his own, any such paten- 
tee, his administrators, executors, and assigns, whether of the whole 
or of a sectional interest therein, may make disclaimer of such parts 
of the thing patented as the disclaimant shall not claim to hold by 
virtue of the patent or assignment, stating therein the extent of his 
interest in such patent ; which disclaimer shall be in writing, attested 
by one or more witnesses, and recorded in the Patent Office, on pay- 
ment by the person disclaiming, in manner as other patent duties are 
required by law to be paid, of the sum of ten dollars. And such dis- 
claimer shall thereafter be taken and considered as part of the original 
specification, to the extent of the interest which shall be possessed in 
the patent or right secured thereby, by the disclaimant, and by those 
claiming by or under him, subsequent to the record thereof. But no 
such disclaimer shall affect any action pending at the time of its being 
filed, except so far as may relate to the question of unreasonable 
neglect or delay in filing the same. 

Sec. 8. And he itficrther enacted, That whenever application shall Additional im- 
be made to the Commissioner for any addition of a newly discovered Ji"in^i^9^"e(i patent 
improvement to be made to an existiner patent, or whenever a patent ^^"^ alterations of 

A O JT / ^ ^ i ^ 6V6rV KlUQ SUDJOCt 

shall be returned for correction and reissue, the specification of claim patent to reoxam- 
annexed to every such patent shall be subject to revision and re- ^"*^'<^"- 
striction, in the same manner as are original applications for patents; 
the Commissioner shall not add any such improvement to tlio patent 
in the one case, nor grant the reissue in tlie other case, until the ap- 
plicant shall have entered a disclaimer, or altered his specification of 



20 



PATENT LAWS. 



claim in accordance with the decision of the Commissioner ; and in 
all such cases, the applicant, if dissatisfied with such decision, shall 
have the same remedy, and be entitled to the benefit of the same 
privileges and proceedings, as are provided by law in the case of 
original applications for patents, 
hen claims Sec. 9. And be it further e7iacted, (^anything in the fifteeriih. sectiou 
broad as^toTtfciude of the act to which this is additional to the contrary notwithstanding,) 
more than patentee That whenever, bv mistake, accident, or inadvertence, and without 

IS GntltlGQ to Hclt" / •/ / ' / 

ent not violated, any wilful default or intent to defraud or mislead the public, any 
be^haci^"^^^^ °^'^^* P^^^^^^® ^^^^^ have, in his specification, claimed to be the original 
and first inventor or discoverer of any material or substantial part of 
the thing patented, of which he was not the first and original in- 
ventor, and shall have no legal or just right to claim the same, in 
every such case the patent shall be deemed good and valid for so 
much of the invention or discovery as shall be truly and hona fide 
his own : Provided^ It shall be a material and substantial part of the 
thing patented, and be definitely distinguishable from the other parts 
so claimed without right as aforesaid. And every such patentee, his 
executors, administrators, and assigns, whether of a whole or of a 
sectional interest therein, shall be entitled to maintain a suit at law 
or in equity on such patent for any infringement of such part of the 
invention or discovery as shall be hona fide his own as aforesaid, 
notwithstanding the specification may embrace more than he shall 
have any legal right to claim. But in every such case in which a 
judgment or verdict shall be rendered for the plaintiff, he shall not 
be entitled to recover costs against the defendant, unless he shall 
have entered at the Patent Office, prior to the commencement of the 
suit, a disclaimer of all that part of the thing patented which was so 
claimed without right : Provided^ however^ That no person bringing 
any such suit shall be entitled to the benefits of the provisions con- 
tained in this section, who shall have unreasonably neglected or de- 
layed to enter at the Patent Office a disclaimer as aforesaid. 

Sec. 10, And he it further enacted^ That the Commissioner is hereby 
authorized and empowered to appoint agents in nut exceeding 
twenty of the principal cities or towns of the United States, as may 
best accommodate the different sections of the country, for the pur- 
pose of receiving and forwarding to the Patent Office all such 
models, specimens of ingredients, and manufactures, as shall be in- 
tended to be patented or deposited therein, the transportation of the 
same to be chargeable to the Patent Fund. 

Sec. 11. And he it further enacted^ That instead of one examining 
clerk, as provided by the second section of the act to which this is 
additional, there shall be appointed, in manner therein provided, two 
examining clerks, each to receive an annual salary of fifteen hundred 
dollars : and also an additional copying clerk, at an annual salary 
of eight hundred dollars. And the Commissioner is also authorized 
to employ, from time to time, as many temporary clerks as may be 
necessary to execute the copying and draughting required by the 
first section of this act, and to examine and compare the records with 
the originals, who shall receive not exceeding, seven cents* for every 
page of one hundred words, and for drawings and comparison of rec- 

* See section 2, page 21. 



Agents to trans 
mit models, 



Additional clerks, 
their eompensation. 



PATENT LAWS. 21 

ords witli originals such reasonable compensation as shall be agreed 
upon or prescribed by the Commissioner. 

Sec. 12. And he it further enacted, That whenever the application^ yithdrawai fees 
of any foreigner, for a patent shall be rejected and withdrawn for 
want of novelty in the invention, pursuant to the seventh section of 
the act to which this is additional, the certificate thereof of the Com- 
missioner shall be a sufficient warrant to the Treasurer to pay back 
to such applicant two-thirds of the duty he shall have paid into the 
Treasury on account of such application. 

Sec. 13. And be it further enacted, That in all cases in which an Affirmations, 
oath is required by this act, or by the act to which this. is additional, 
if the person of whom it is required shall be conscientiously scupulous 
of taking an oath, affirmation may be substituted therefor. 

Sec. 14. And he it further enacted, That all moneys paid into the Creation of the 
Treasury of the United States for patents, and for fees for copies fur- fees accruing in the 
nished by the Superintendent of the Patent office prior to the pas-p^^^^jj^^^^^^JP^^^^. 
sage of the act of which this is additional, shall- be carried to the its expenses An- 
credit of the Patent Fund created by said act; and the moneys con- ^e ^jnade o™ condi- 
stituting said fund shall be, and the same are hereby, appropriated ^ion «f office, 
for the payment of the salaries of the officers and clerks provided by 
said act, and all other expenses of the Patent Office, including all 
the expenditures provided for by this act ; and, also, for such other 
purposes as are or may be hereafter specially provided for by law. 
And the Commissioner is hereby authorized to draw upon such fund, 
from time to time, for such sums as shall be necessary to carry into 
effect the provisions of this act, governed, however, by the several 
limitations herein contained. And it shall be his duty to lay before 
Congress, in the month of January, annually, a detailed statement of 
the expenditures and payments by him made from said fund. And 
it shall also be his duty to lay before Congress, in the month of Jan- 
uary, annually, a list of all patents which shall have been granted 
during the preceding year, designating, under proper heads, the sub- 
jects of such patents, and furnishing an alphabetical list of the 
patentees, with their places of residence ; "and he shall also furnish a 
list of all patents which shall have become public property during the 
same period, together with such other information of the state and 
condition of the Patent Office as may be useful to Congress or to the 
public. 

Approved March 3, 1837. 



A BILL in addition to " An act to promote the progress of the Useful Arts.'' 

Be it enacted by the Senate and House of Representatives of the Assistant examin- 
United States of America in Congress assembled, Tliat there shall be *^"- 
appointed, in manner provided in the second section of the act to 
which this is additional, two assistant examiners, each to receive an 
annual salary of twelve hundred and fifty dollars. 

Sec. 2. And be it further enacted, That the Commissioner be au- Temporary clerks, 
thorized to employ tempora-ry clerks to do any necessary transcribing, 
whenever the current business of the office requires it: I^rovi'ded, 
however, That instead of salary, a compensation shall be allowed, at 



22 PATENT LAWS. 



a rate not greater than is charged for copies* now furnished by the 
office. 

Patent lists. ,Sec. 3. And he it further enacted, That the Commissioner is hereby- 

authorized to pubhsh a classified and alphabetical list of all patents 
granted by the Patent Office previous to said publication, and retain 
one hundred copies for the Patent Office, and nine hundred copies to 
be deposited in the library of Congress, for such distribution as may 
hereafter be directed ; and that one thousand dollars, if necessary, be 
appropriated, out of the Patent Fund, to defray the expense of the 
same. 

£gjj(._ Sec. 4. And he it further enacted, That the sum of three thousand 

six hundred and fifty -nine dollars and twenty-two cents be, and is 
hereby, appropriated from the Patent Fund, to pay for the use and 
occupation of rooms in the City Hall by the Patent Office. 

Books. Sec. 5, And he it further enacted, That the sum of one thousand 

dollars be appropriated from the Patent Fund, to be expended under 
the direction of the Commissioner, for the purchase of necessary 
books for the library of the Patent Office. 

Previously pat- ^^^* ^' -^^^ ^^ it further enacted, That no person shall be debarred 
enting abroad. from receiving a patent for any invention or discovery, as provided 
in the act approved on the fourth day of July, one thousand eight 
hundred and thirty-six, to which this is additional, by reason of the 
same having been patented in aforeign country more than six months 
prior to his application : Provided, That the same shall not have been 
introduced into public and common use in the United States prior to 
the application for such patent : And provided, also. That in all cases 
every such patent shall be limited to the term of fourteen years from 
the date or publication of such foreign letters patent. 

Prior use of an Sec. 7. And he it further enacted. That every person or corporation 
invaiiS ^tuie^to ^^^ ^^^' ^^ shall have, purchased or constructed any newly invented 
patent, machine, manufacture, or composition of matter, prior to the appli- 

cation by the inventor or discoverer for a patent, shall be held to 
possess the right to use, and vend to others to be used, the specific 
machine, manufacture, or composition of matter so made or purchased, 
without liability therefor to the inventor, or any other person in- 
terested in such invention ; and no patent shall be held to be invalid 
by reason of such purchase, sale, or use, prior to the application for a 
patent as aforesaid, except on proof of abandonment of such invention 
to the public, or that such purchase, sale, or prior use has been for 
more than two years prior to such appKcation for a patent. 

Assignments to Sec. 8. And he it further enacted. That so much of the eleventh 

e recor e ree. gQ^i^JQjj ^f ^]^g above recited act as requires the payment of three dol- 
lars to the Commissioner of Patents for recording any assignment, 
grant, or conveyances, of the whole or any part of the interest or 
right under any patent, be, and the same is hereby, repealed ; and all 
such assignments, grants, and conveyances shall, in future, be recorded 
without any charge whatever. f 

Agricultural sta- Sec. 9. And he it further enacted. That a sum of money, not ex- 
ceeding one thousand dollars, be, and the same is hereby, appro- 
priated out of the Patent Fund, to be expended by the Commis- 

* See section 4, page 8. f See section 2, page 26. 



lie I 



PATENT LAWS. 23 

sioner of Patents, in the collection of agricultural statistics, and for 
other agricultural purposes ; for which the said commissioner shall 
account in his next annual report. 

Sec. 10. And be it further erfaded, That the provisions of the six- ^^PPf^^^^fro^Com- 
teenth section of the before-recited act shall extend to all cases where Justice. Patentee 
patents are refused for any reason whatever, either by the Com- p^nses/^"^ ^^ ^^ 
missioner of Patents, or by the Chief Justice of the District of Co- 
lumbia, upon appeals from the decision of said Commissioner, as well 
as where the same shall have been refused on account of, or bv reason 
of, interference with a previously existing patent ; and in all cases 
where there is no opposing party, a copy of the bill shall be served 
upon the Commissioner of Patents, when the whole of the expenses 
of the proceeding shall be paid by the applicant, whether the final 
decision shall be in his favor or otherwise. 

Sec. 11. And he it further enacted. That in cases where an appeal, Pro<»edingstobe 

■I 1 1 r> 1 1 • • p 1 >-i . . ^^ pi^aa on appeals to 

is now allowed by law irom the decision oi the Commissioner oi the Chief Justice of 
Patents to a board of examiners provided for in the seventh section lumbiT.^"^'^ °^ ^^ 
of the act of which this is additional, the party, instead thereof, shall 
have right to appeal to the Chief Justice* of the district court of the 
United States for the district of Columbia, by giving notice thereof 
to the Commissioner, and filing in the Patent Office, within such time 
as the Commissioner shall appoint, his reasons of appeal, specifically 
set forth in writing, and also paying into the Patent Office, to the 
credit of the Patent Fund, the sum of twenty-five dollars. And it 
shall be the duty of said Chief Justice, on petition, to hear and de- 
termine all such appeals, and to revise such decisions in a summary 
way, on the evidence produced before the Commissioners, at such 
early and convenient time as he may appoint, first notifying the 
Commissioner of the time and place of hearing, whose duty it shall 
be to give notice thereof to all parties who appear to be interested 
therein, in such manner as said judge shall prescribe. The Commis- 
sioner shall also lay before the said judge all the original papers and 
evidence in the case, together with the grounds of his decision, fully 
set forth in writing, touching all the points involved by the reasons 
of appeal, to which the revision shall be confined. And at the re- 
quest of any party interested, or at the desire of the judge, the Com- 
missioner and the examiners in the Patent Office may be examined, 
under oath, in explanation of the principles of the machine, or other 
thing for which a patent in such case is prayed for. And it shall be 
the duty of the said judge, after a hearing of any such case, to return 
all. the papers to the Commissioner, with a certificate of his proceed- 
ings and decision, which shall be entered of record in the Patent 
Office ; and such decision, so certified, shall govern the further pro- 
ceedings of the Commissioner in such case : Provided, however, That 
no opinion or decision of the judge in any such case shall preclude 
any person interested in favor of or against the validity of any patent 
which has been, or may hereafter be, granted, from the right to con- 
test the same in any judicial court, in any action in which its validity 
may come in question. 

Sec. 12. And he it further enacted, That the Commissiouor of, Kcpuintlons for 

1 n 1 1 ■ • takuic testimony 

Patents shall have power to make all such regulations m respect to in contesting a pat- 
the taking of evidence to be used in contested cases before him, as^[)^^jp/^^\^^\^,jg^'^' 

♦ See act approved 30th August, 1852 



24 PATENT LAWS. 

may be just and reasonable. And so much of the act of which this 
is additional as provides for a board of examiners is hereby repealed 
Fees of Chief Sec. 13. And he it further enacted, That there be paid annually 
Justice. ^^^ ^£ ^-^^ Patent Fund, to the said Chief Justice, in consideration of 

the duties herein imposed, the sum of one hundred dollars.* 
Approved March 3, 1^39. 




AN ACT in addition to an act to promote the progress of the Useful Arts, and 
to repeal all acts and parts of acts heretofore made for that purpose. 

Fees paid into ^^ *'^ enacted hy the Senate and House of Representatives of the 
the Treasury by United States of America in Congress assemhlcd. That the Treasurer 
of the United States be, and he hereby is, authorized to pay back, 
out of the Patent Fund, any sum or sums of money, to any person 
who shall have paid the same into the Treasury, or to any receiver 
or depositary to the credit of the Treasurer, as for fees accruing at 
the Patent Office through mistake, and which are not provided to be 
paid by existing laws, certificate thereof being made to the said 
Treasurer by the Commissioner of Patents. 
Recording lost Sec. 2. And he it further enacted, That the third section of the act 
patents ane%\ . of March, eighteen hundred and thirty-seven, which authorizes the 
renewing of patents lost prior to the fifteenth of December, eighteen 
hundred and thirty-six, is extended to patents granted prior to the 
said fifteenth day of December, though they may have been lost sub- 
sequently : Provided, however, The same shall not have been recorded 
anew under the provisions of said act. 
Ornamental de- Sec. 3. And he it further enacted, That any citizen or citizens, or 
tiles' &c""Term of ^^i^n or aliens, having resided one year in the United States, and 
patent, and fees, taken the oath of his or their intention to become a citizen or citizens, 
who by his, her, or their own industry, genius, efforts, and expense, 
may have invented or produced any new and original design for a 
manufacture, whether of metal or other material or materials, or any 
new and original design for the printing of woollen, silk, cotton, or other 
fabrics, or any new and original design for a bust, statue, or bas-relief, 
or composition in alto or basso relievo, or any new and origind impres- 
sion or ornament, or to be placed on any article of manufacture, the 
same being formed in marble or other material, or any new and useful 
pattern, or print, or picture, to be either worked into or worked on, or 
printed, or painted, or cast, or otherwise fixed on any article of man- 
ufacture, or any new and original shape or configuration of any 
article of manufacture, not known or used by others before liis, her, 
or their invention or production thereof, and prior to the time of his, 
her, or their application for a patent therefor, and who shall desire to 
obtain an exclusive property or right therein to make, use, and sell, 
and vend the same, or copies of the same, to others, by them to be 
made, used, and sold, may make application, in writing, to the Com- 
missioner of Patents, expressing such desire ; and the Commissioner, 
on due proceedings had, may grant a patent therefor, as in the case 
now of application for a patent : Provided, That the fee in such 
cases, which by the now existing laws would be required of the par- 

* Kepealed. — See section 3 of the act approved 30th August, 1852. 



PATENT LAWS. 25 

ticular applicant, shall be one half the sum, and that the duration of 
said patent shall be seven years ; and that all the regulations and 
provisions which now apply to the obtaining or protection of patents, 
not inconsistent with the provisions of this act, shall apply to appli- 
cations under this section. 

Sec. 4. And be it further enacted^ That the oath required for ^^JJ'^J'^^j^^JJ^ **^^ 
applicants for patents may be taken, when the applicant is not, for tee resides abroad, 
the time being, residing in the United States, before any minister 
plenipotentiary, charge d'affaires, consul, or commercial agent hold- 
ing commission under the government of the United States, or before 
any notary public of the foreign country in which such applicant 
may be. 

Sec. 5. And be it further enacted. That if any person or persons. Penalty for affix- 

,,, . .-^ ' •'^ ^ ing the word pat- 

snall pamt, or prmt, or mould, cast, carve, or engrave, or stamp upon ent on goods with- 
anything made, used, or sold by him, for the sole making or selling ^J^^J^ ^*^°'^^®^J^Jg 
which he hath not, or shall not have, obtained letters patent, the there is no patent, 
name, or any imitation of the name of any other person who hath, 
or shall have, obtained letters patent for the sole making and vend- 
ing of such thing, without consent of such patentee, or his assigns or 
legal representatives ; or if any person, upon any such thing not 
having been purchased from the patentee, or some person who pur- 
chased it from or under such patentee, or not having the license or 
consent of such patentee, or his assigns or legal representatives, shall 
write, paint, print, mould, cast, carve, engrave, stamp, or otherwise 
make or affix the word "patent," or the words "letters patent," or 
the word "patentee," or any word or words of like kind, meaning, or 
import, with the view or intent of imitating or counterfeiting the 
stamp, mark, or other device of the patentee, or shall affix the same, 
or any word, stamp, or device of like import, on any unpatented ar- 
ticle, for the purpose, of deceiving the public, he, she, or they, so 
offending, shall be liable for such offence to a penalty of not less than 
one hundred dollars, with costs, to be recovered by action in any of 
the circuit courts of the United States, or in any of the district courts 
of the United States having the powers and jurisdiction of a circuit 
court ; one half of which penalty, as recovered, shall be paid to the 
Patent Fund, and the other half to any person who shall sue for the 
same. 

Sec. 6. And be it further enacted, That all patentees and assign- Penalty for not 
ees of patents hereafter granted are hereby required to stamp, en- en*ted good?^ ^*' 
grave, or cause to be stamped or engraved, on each article vended or 
offered for sale, the date of the patent; and if any person or persons, 
patentees or assignees, shall neglect to do so, he, she, or they shall 
be liable to the same penalty ; to be recovered and disposed of in the 
same manner specified in the foregoing fifth section of this act. 

Approved August 29, 1842. 



Section 15 of the act entitled " An act to provide for tlie better organization 
of the Treasury, and for the collection, safekeeping, transfer, and disburse- 
ment of the public revenue," approved August 6, 1846. 

And be it further enacted, That all marshals, district attornovs, and 
others having public money to pay to the United States, and all 



26 PATENT LAWS. 

patentees wishing to make payment for patents to be issued, may 
pay all such moneys to the Treasurer of the United States, or to the 
treasurer of either of the mints in Philadelphia or New Orleans, to 
either of the other assistant treasurers, or to such other depositary 
constituted by this act as shall be designated by the Secretary of the 
Treasury, in other parts of the United States, to receive such pay- 
ments, and give receipts or certificates of deposit therefor. 



AN ACT to provide additional examiners in the Patent Office, and for other 

purposes. 

To increase the -^^ ^'^ enacted hy the Senate and House of Representatives of the 
number of princi- United States of America^ in Congress assemhled, That there shall be 
exanfiners.^and the appointed, irf the manner provided in the second section of the act 
eSh^"*^^^^^^**'®^^^^^^^ "An act to promote the progress of useful arts, and to repeal 
all acts or parts of acts heretofore made for that purpose," approved 
July fourth, eighteen hundred and thirty-six, two principal examiners 
and two assistant examiners, in addition to the number of examiners 
now employed in the Patent Office ; and that hereafter each of the 
principal examiners employed in the Patent Office shall receive au 
annual salary of twenty -five hundred dollars, and each of the assistant 
Power to extend ®^^^^^^^^ ^^ annual Salary of fifteen hundred dollars: Provided^ 
patents vested sole- That the power to extend patents, now vested in the board composed 
sionerofPatente? of the Secretary of State, Commissioner of Patents, and Solicitor of 
the Treasury, by the eighteenth section of the act approved July 
fourth, eighteen hundred and thirty-six, respecting the Patent Office, 
shall hereafter be vested solely in the Commissioner of Patents ; and 
when an application is made to him for the extension of a patent ac- 
Sixty days' no- cording to said eighteenth section, and sixty days' notice given 
tice must be given, thereof, he shall refer the case to the principal examiner having 
charge of the class of inventions to which said case belongs, who 
shall make a full report to said Commissioner of the said case, and 
particularly whether the invention or improvement secured in the 
patent was new and patentable when patented ; and thereupon the 
said Commissioner shall grant or refuse the extension of said patent, 
upon the same principles and rules that have governed said board ; 
but no patent shall be extended for a longer term than «even years. 
Pees for record- Sec. 2. And he it further enacted, That hereafter the Commis- 
ing assignments, gioner of Patents shall require a fee of one dollar for recording any 
assignment, grant, or conveyance of the whole or any part of the 
interest in letters patent, or power of attorney, or license to make or 
use the thing patented, when such instrument shall not exceed three 
hundred words, the sum of two dollars when it shall exceed three 
hundred and shall not exceed one thousand words ; and the sum of 
three dollars if it shall exceed one thousand words ; which fees shall 
in all cases be paid in advance. 
Additional re- Sec. 3. And he it further enacted, That there shall be appointed, 
pointed. ^'^^'^^^ *P'in manner aforesaid, two clerks, to be employed in copying and re- 
cording, and in other services in the Patent Office, who shall each be 
paid a salary of one thousand two hundred dollars per annum. 
Documents to be Sec. 4. And he it further enacted, That the Commissioner of 



I 



PATENT LAWS. 27 

Patents is hereby authorized to send by mail, free of postage, the mailed free of post- 
annual reports of the Patent Office, in the same manner in which he *^®' 
is empowered to send letters and packages relating to the business of 
the Patent Office. 

Approved May 27, 1848. 



Section 2 of the act entitled "An act to establish the Home Department, and 
to provide for the Treasury Department an Assistant Secretary of the Treas- 
ury and a Commissioner of the Customs," approved March '6, 1849. 

A.nd be it further enacted^ That the Secretary of the Interior shall Secretary of the 
exercise and perform all the acts of supervision and appeal in regard s°pervMon° over 
to the office of Commissioner of Patents, now exercised by the Sec- the Patent Office, 
retary of State ; and the said Secretary of the Interior shall sign all 
requisitions for the advance or payment of money out of the Treas- 
ury, or estimates, or accounts, subject to the same adjustment or 
control now exercised on similar estimates or accounts by the First 
or Fifth Auditor and First Comptroller of the Treasury. 



Sectiox 2 of the act entitled " An act making appropriations for the civil and 
diplomatic expenses of government," &c., approved March 3, 1851. 

And he it further enacted, That there shall be-appointed and paid, , increase of exam- 
in the manner now provided by law, two principal examiners and ^^^^' 
two assistant examiners of patents, in addition to the examining force 
now employed in the Patent Office. 



AN ACT in addition to an act to promote the progress of the Useful Arts. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That appeals provid- 
ed for in the eleventh section of the act entitled "An act in addition 
to an act to promote the progress of the useful arts," approved March 
the third, eighteen hundred and thirty-nine, may also be made to 
either of the assistant judges of the circuit court of the District of 
Columbia; and all the powers, duties, and responsibilities imposed 
by the aforesaid act, and conferred upon the chief judge, are hereby 
imposed and conferred upon each of the said assistant judges. 

Sec. 2. And be it further enacted, That in case appeal shall be To whom appeals 
made to the said chief judge, or to either of the said assistant judges, "^*^ ^^'^ ^' 
the Commissioner of Patents shall pay to such chief judge, or assist- 
ant judge, the sum of twenty-five dollars, required to be paid by the 
appellant into the Patent Office by the eleventh section of said act, 
on said appeal. 

Sec. 3. yind be it further enacted, That section thirteen of the 
aforesaid act, approved March the third, eighteen hundred and thirty- 
nine, is hereby repealed. 

Approved August 30, 1852. 



28 PATENT LAWS. 

Extracts from the act entitled " An act making appropriations for the civil 
and diplomatic expenses of the government for. tbe j^ear ending the thir- 
tieth of Jane, eighteen hundred and fifty-three, and for other purposes," 
approved August 31, 1852. 

For the collection of agricultural statistics and purchase of seeds, 
to be paid out of the Patent Fund, five thousand dollars. 

For compensation of the librarian of the Patent Office, twelve 
hundred dollars, to be paid out of the Patent Fund. 

For books of the library of the Patent Office, to be paid out of the 
Patent Fund, one thousand five hundred dollars. 

For fitting up the library of the Patent Office, to be paid out of 
the Patent Fund, two thousand dollars. 

For additional compensation to the disbursing clerk and draughts- 
man in the Patent Office, the sum of three hundred dollars each, to be 
paid out of the Patent Office Fund ; and that hereafter the disbursing 
clerk shall be required to give bond, with approved security, in the 
sum of five thousand dollars, conditioned for the faithful discharge 
of the duties of his office. 

For compensation of two additional permanent clerks in the Patent 
Office, to be appointed by the Commissioner of Patents, at a salary 
of fourteen hundred dollars each, the sum of twenty -eight hundred 
dollars, to be paid out of the Patent Office Fund. 



Section 3d of the general appropriation biU of 3d March, 1853, 
provides for eight clerks of the second class, twelve (including six 
assistant examiners) of the third class, and one of the fourth class ; 
and also provides for an increase of the salary of the chief clerk to 
two thousand dollars. 

Act of the 2 2d April, 1854, allows additional compensation to 
clerks, messenger, &c. 

Section 1 of the deficiency bill of the 31st May, 1854, appropriates 
forty-five thousand dollars for furnishing the rooms of the new wing 
of the Patent Office building with furniture, and providing the saloon 
therein with cases for models. 

The general appropriation bill of 4th August, 1854, appropriates 
two thousand nine hundred and eighty dollars to pay the keepers, 
&c., in the National Gallery, and one hundred dollars for contingent 
expenses. Also provides for reimbursing to the Patent Fund sixteen 
thousand dollars. 



Extracts from the General Appropriation Bill of March 3, 1855. 

Sec. 1. For the preservation of the collections of the Exploring 
Expedition. 

For compensation of keepers, watchmen, and laborers, two thou- 
sand nine hundred and eighty dollars. 

For contingent expenses, two hundred dollars. 



PATENT LAWS. 29 

Sec. 10. Aiid he it further enacted, That there shall be appointed An increase in 
and paid, in the manner now provided by law, four principal exam- aminers. 
iners and four assistant examiners of patents, in addition to the ex- 
amining force now authorized by law to be so employed in the Patent 
Office ; and should the necessities of the public service, in the estima- 
tion of the Commissioner of Patents, require any additional examining 
force to that herein provided, previous to the next session of Congress, 
there may also be appointed and paid, in the manner now provided 
by law, in addition to the foregoing, not exceeding two principal and 
two assistant examiners, who shall not so continue to be employed 
subsequent to the expiration of said next session of Congress without 
further provision of law. 

Sec. 20. For the reimbursement of the Patent Office Fund for 
moneys heretofore paid out of appropriations of acts of Congress for 
seeds and the collection of agricultural statistics, forty thousand and 
seventy-eight dollars and seventy-eight cents, to be paid out of any 
moneys in the Treasury not otherwise appropriated. 

Sec. 25. And be it further enacted, That the first assistant exam- 
iners in the Patent Office shall be rated as of the fourth class of clerks, 
and the second assistant examiners, machinist, and librarian as of the 
third class. 

U. S. Patent Office, February 25, 1856. 



DEFICIENCY BILL of May 15, 18oG. 

For the collection of agricultural statistics, investigations for pro- 
moting agricultural and rural economy, and the procurement and 
distribution of cuttings and seeds, to be expended under the direction 
of the Commissioner of Patents, thirty thousand dollars. 



AN ACT making appropriations for certain civil expenses, «tc. — August 

18, 1856. 

Sec. 1. For the collection of agricultural statistics, investigations 
for promoting agriculture and rural economy, and the procurement 
and distribution of cuttings and seeds, seventy -five thousand dollars, 
to be expended under the direction of the Commissioner of Patents : 
Provided, That the Commissioner shall report to Congress the varies 
[various] kinds and amounts of saids [seeds] purchased and to be 
purchased under this appropriation, from whom and where obtained, 
and the cost of the same. 

Sec. 9. And be it further enacted, That there shall be appointed 
and paid, in the manner now provided by law, two principal exam- 
iners and two assistant examiners, in addition to the exaniininc: force 
now authorized by law to be so employed in the Patent Office. 

Sec. 10. yind be it further enacted, That the Commit^sioner of 
Patents is hereby authorized to pay those employed in tlie United 
States Patent Office from April first, eighteen hundred and fifty -four, 
until April first, eighteen hundred and fifty-five, as examiners and 



30 PATENT LAWS. 

assistant examiners of patents, at the rates fixed by law for these 
respective grades : Provided^ That the same be paid out of the Patent 
Ofiice Fund, and that the compensation thus paid shall not exceed 
that received by those duly enrolled as examiners and assistant ex- 
aminers of patents for the same period. 



AN ACT making appropriations for the legislative, &c., expenses. — August 

18, 1856. 

For the preservation of the collections of the Exploring Expedition. 
For compensation of keepers and watchmen therefor, and for laborers 
employed at the rate of four hundred and eighty dollars per annum — 
per act fourth August, eighteen hundred and fifty-four — three thou- 
sand two hundred and ten dollars. 

For contingent expenses, two hundred dollars. 



AN ACT making appropriations for certain civil expenses, &c. — March 

3, 1857. 

For drawings to illustrate the report of the Commissioner of Pa- 
tents for the year 1857, six thousand dollars. 

For flooring the basement rooms in the old portion of the Patent 
Office building to make them fit for business purposes, painting the 
interior of said building, repairing roof, and for other incidental 
repairs, eight thousand dollars. 

For preparing the saloon of the west wing of the Patent Office for 
the reception of models for patents, and for fitting up and furnishing 
the same with suitable cases, fifty thousand dollars. 



AN ACT making appropriations for sundry civil expenses, &c. — June 12, 1858. 

For collection of agricultural statistics, investigations for promoting 
agriculture and rural economy, and the procurement of cuttings and 
seeds, sixty thousand dollars : Provided^ That it shall be the duty of 
the Commissioner of Patents to submit to the Secretary of the In- 
terior, at the commencement of each session of Congress, the invoices 
of seeds and cuttings purchased with the money hereby appropriated ; 
and, also, a statement of expenses in procuring seeds, cuttings, and 
information. 

For drawings to illustrate the mechanical report of the Commis- 
sioner of Patents for the year eighteen hundred and fifty-eight, six 
thousand dollars. 



AN ACT providing for keeping and distributing all public documents. — Feb- 
ruary 5, 1859. 

******** 

Department of Sec. 8. And he it further enacted^ That all books, maps, charts, 
ed^ wit^ the*^ laws and other publications of every nature whatever heretofore deposited 



PATENT LAWS. 31 

in the Department of State according to the laws regulating copy- regulating copy- 
rights, together with all the records of the Department of State in "s^*^- 
regard to the same, shall be removed to, and be under the control of, 
the Department of the Interior, which is hereby charged with all the 
duties connected with the same, and with all matters pertaining to 
copyright, in the same manner and to the same extent that the De- 
partment of State is now charged with the same ; and hereafter all 
such publications, of every nature whatever, shall, under present laws 
and regulations, be left with and kept by him. 



AN ACT making appropriations for the legislative, &c., expenses. — March 

3, 1859. 

******** 

Sec. 4. And he it further enacted, That the Secretary of the In- 
terior be, and he is hereby, directed to cause the annual report of the 
Commissioner of Patents on mechanics, hereafter to be made to the 
Senate and House of Representatives, to be prepared and submitted 
in such manner as that the plates and drawings necessary to illustrate 
each subject shall be inserted so as to comprise the entire report in 
one volume not to exceed eight hundred pages. 



AN ACT making appropriations for sundry civil expenses, &c. — March 

3, 1859. 

For collection of agricultural statistics, investigations for promoting 
agriculture and rural economy, and the procurement of cuttings and 
seeds, forty thousand dollars: Provided^ That no part of this appro- 
priation shall be used or expended in defraying the expenses of any 
body of men or delegates assembled in Washington or elsewhere as 
an agricultural congress, or advisory board on agriculture, convened 
under the orders or by authority of the Secretary of the Interior, 
or any other person under any name or for any pretended object 
whatever. 

For making cases and fitting up rooms in the Patent Office build- 
ing to receive copyright books, charts, and other copyright matter, 
and for transferring, arranging, and taking care of the same, thirty- 
six hundred dollars. 



AN ACT making appropriations for sundry civil expenses, &c. — June 25, 186i. 

Sec. 1. For drawings to illustrate the report of the Commissioner 
of Patents for the year eighteen hundred and sixty, six thousand 
dollars. 

For collection of agricultural statistics, investigations for promoting 
agriculture and rural economy, and the procurement of cuttings and 
seeds, sixty thousand dollars: Provided, however, That in the ex- 
penditure of this appropriation, and, especially, in tlie selection of 
cuttings and seeds for distribution, due regard shall be liad to the 
purposes of general cultivation, and the encouragement of the agri- 



82 PATENT LAWS. 

cultural and rural interests of all parts of the United States : Provided^ 
That no part of this amount shall be expended as a commission, ex- 
change, gift, dividend, or loan, or as compensation for extra services 
to any clerk, messenger, watchman, or other person already receiving 
a salary or wages under the government of the United States, nor to any 
partner, employee, or member of the family of any such clerk, mes- 
senger, watchman, or other person so employed by the United States 
as aforesaid ; and should the provisions of this section be violated, or 
any such employee of the United States be detected or be known to 
sell, exchange, or otherwise dispose of any cutting, seed, or other 
property arising from this or any previous agricultural appropriation 
by Congress, every such clerk, messenger, watchman, or other per- 
son receiving a salary or wages, as aforesaid, shall be dismissed from 
office. 

For expenses of receiving, arranging, and taking care of cojoyright 
books, charts, and other copyright matter, one thousand four hundred 

dollars. 

******** 

Sec. 5. And he it further enacted, That the Commissioner of 
Patents is hereby authorized to pay those employed in the Patent 
Office from April first, eighteen hundred and fifty-five, until April 
first, eighteen hundred and sixty, as examiners and assistant exam- 
iners of patents, at the rates fixed by law for these respective grades : 
Provided, That the same be paid out of the Patent Office Fund, and 
that the compensation thus paid shall not exceed that received by 
those duly enrolled as examiners and assistant examiners of patents 
for the same period. 

September 6, 1850. 



RULES AND DIRECTIONS 



FOR 



^' ■«lllJiflgi 




IN 



THE PATENT OFFICE. 



% 



INDEX. 



Section 
Additional Improvements, (See Reissues.) 

Agents to receive and forward models, specifications, &c. (See Patent.) 

Aliens. (See Patents obtained by aliens ; also, Designs.) 

Amendments : 

Of specifications or claims, how made and filed, . . . 98,100 

Forms of amendments, ...... 99 

Original papers, with amendments, must be returned to oflSce, . 101 

Amendments made by writing out entire papers anew, . . 102 
Where papers are returned to applicant for amendment, precautions 

to be observed, ....... 103 

Where affidavit and signature of applicant are on separate pieces of 

paper, ........ 104 

Appeals : 

To whom applicant may appeal after making oath or aflBrmation 
anew, ........ 38 

Mode of appeal, ....... 39 

Blanks for notice, reasons of appeal, petition, and copies of appellate 
judge's rules, forwarded on request, .... 39 

Application for patent. (See Patent.) 

Assignments : 

Of entire interest before patent granted, .... 73 

Fee required in case of assignment of entire interest by foreigner, 73 
Assignment for specified portions of United States after patent 

granted, ........ 74 

When to be recorded, ...... 75 

If not recorded within three months, ... .75 

When patent is to issue in name of assignee, correspondence should 

be in his name, ....... 76 

Receipt of, not generally acknowledged, .... 76 

Wheu recorded, ....... 77 

Forms of, ........ 78 

Caveats : 

Who may file caveat. ...... 62 

When caveator is entitled to notice to complete specification and go 

into interference, ....... 62 

When not entitled to notice, ..... 63 

May renew his caveat from year to year by paying additional fees, 63 

Must be accompanied by oath, ..... 03 



36 



CONTENTS. 



Caveats: 

Particulars of oath, ...... 63 

Description required in caveat, ..... 64 

Caveat papers, when once filed, cannot be withdrawn or altered, 65 

Additional papers may be appended, date being noted ; when, . 65 
When the right to notice expires in regard to subject of papers filed 

supplementary to original caveat, . . . . . 66 
Additional papers not relating to invention first caveated not 

noticed, ........ 66 

"Who may obtain copies of caveat papers, .... 67 

Should be accompanied by drawings or sketches, even by model, if 

convenient, . . . . . . . 68 

Form of Caveat, ........ 69 

Correspondence, ruks of: 

All correspondence in the name of the Commissioner, . . 92 

Correspondence with principal and agent, .... 93 

Official communications to and from Commissioner free of postage, 94 

Designs : 

Application, how made, . . . . . . 56 

In case of rejection, no part of fee refunded, .... 33 

Aliens, conditions required of, to obtain a p.itent, . . 57 

Form of petition, specification, and oath, .... 58 

Disclaimer. (See Reissues.) 

Drawings. (See Patent.) 

Examination : 

All cases arranged in classes, ...... 25 

Examinations in the same class made in the order of application, . 25 

Exceptions, ....... 25 

Amendments of defective specifications or drawings, . . 26 

When a second affidavit and signature of witnesses required, . 26 
Case placed at foot of list, . . . . . .27 

Alterations after case examined and claim allowed, how made, . 28 

In case of patent granted, ...... 28 

Personal attendance of applicant not necessary, ... 29 

All correspondence must be addressed to Commissioner, . . 29 
When application has been finally decided, office will retain original 

papers, ........ 30 

Copies furnished applicant at usual expense, . . . . 40 

Patent to whom sent, . . .... 31 

Extensions : 

In whom the power of extending for seven years is vested, . . 53 

What must be first decided, . ... . . 55 

When applicant should file petition and pay requisite fee, . . 54 

Office has no power to renew an expired patent, ... 5^ 

Statement required of applicant^ how made and when filed, . 55 
Person opposing the extension, what required of him and to what 

entitled, . . . . . . . . 55 

What testimony may be rejected, . . ... 55 



CONTENTS. 37 

Section. 
Extensions : 

Days fixed in notice of application for extension, . . 55 

Depositions and other papers relied upon as testimony, when filed, 55 

Arguments, when filed, . . . . . ' . 55 

Applications for a postponement, how made and supported, . 55 

Fees, office, and how payable : 

Fees required to be paid in advance, .... 79 

Tarifi" of fees established by law, . . ... 80 

Advisable to deposit fee with authorized officer, ... 81 

May be remitted by mail at risk of owner, . . . . 81 

Letter should specify amount enclosed, .... 81 

Duplicate receipt, when required and what specifying, . , 82 

Certificate of deposit, form of, .... . 82 

Officers authorized to receive patent fee on account of Treasurer of 

the United States, . . . . . . . 83 

Certificate forwarded to office, ..... 83 

All money sent by mail, to or from office, at risk of owner, . . 84 

Money should never be enclosed with models, ... 8i 

All payments to or by office made in specie, ' • . So 

Filing and preservation of papers: 

Claims, specifications, and amendments filed, how written, . 95 

Mode of endorsement of papers filed, ..... 96 

Papers filed regarded as permanent records, ... 97 

Only changed to correct clerical mistakes, .... 97 

Foreign Patents. (See Patents, foreign.) 
Information, giving or withholding : 

Pending application, how far secret, . . . 103,109,110 

Information given in case of patent issued, or patent refused, and 

application abandoned, ...... 107 

Models, specifications, and drawings open to inspection, . 107 

How long application regarded as pending after case ia rejected, . 108 
Cases of secrecy removed — 

Where interference is declared between two pending applications, 109 

Where rejection is founded upon case previously rejected but not 

withdrawn, . . . . . . . 100 

Where device is found described, not claimed, in pending applica- 
tion previously filed, . . . . . .110 

General rule where application describing device is subsequent in 

date to one in which device is claimed, . . . . Ill 

Exceptions to general rule, . . . . . .111 

Where office will not respond to inquiries, . . . . 11- 

All business should be transacted in writing, . . 11^^ 

Action of office predicated on written record and reception, 11<^ 

In cases of doubt, &c., no attention paid to alleged verbal promise. 113 

Interferences : 

When granted, ....... -40 

Days fixed for eloping testimony and hearing cause, 41 

Arguments of counsel (ik'd before day of hearing, . • . 41 

Course jiursucd wlien postponement is desired, . -11 



38 



CONTENTS. 



Section. 



Models. (See Patent:) 

Officers authorized to receive patent fees on account of the United States 
Treasurer. (See Fees, office) 

Patent : 

What will prevent the granting of a patent, ... 

The mere fact of prior invention abroad will not prevent the issue of 

a patent, ....... 

The invention must have been reduced to a practical form, 
Mode of proceeding to obtain a patent, .... 

Application, by whom made, . . 

Must be in writing, signed by applicant, and addressed to Commis- 
sioner, . . ' . 
Petition, usual form of, ..... . 

Specification, . . . . . . 

The precise invention must be set forth in specification, 

When claimed as a mere improvement, or as substantially differing 

from another invention, ..... 

Two or more separate machines not allowed to be the subject of one 

patent, .'...... 

By whom signed, ....... 

Should describe the sections of the drawings, and refer by letters and 

figures to the different parts, ..... 

Forms of, ....... . 

Mast be signed by the inventor and attested by two witnesses, 
Oath, and forms of, .... . 

Before whom taken, ..... 

When taken in another country, . . 

Drawings, ........ 

Should generally be in perspective, ..... 

When in plans, sections, or details, 

Duplicate drawings required, .*.... 

How executed, ....... 

Should be signed by the applicant and attested by two witnesses, 
Model, ......... 

How made, ....... 

The name of the inventor (also of the assignee, if assigned) must be 

permanently aflSxed, ...... 

When tbe invention is of a composition of matter, specimens of the 

ingredients and composition required, .... 
I'he name of the inventor (also of the assignee, if assigned) must be 

permanently affixed, ....... 

What previously required for the examination or filing of a case, 

Patenify foreign : 

A patent previously obtained here is not prejudiced by a subsequent 

foreign patent, 
The taking out of a patent in a foreign country does not prevent the 

obtaining of a patent here, ...... 



6 

7 
8 
8 

9 
9 

10 
10 

10 

11 
12 

12 
12 
13 
14,15 
16 
17 
18 
18 
18 
19 
19 
19 
20 
20 

20 

21 

21,22 
23 



59 
59 



CONTENTS. 89 

Section. 
Patents, fm^eign : 

A patent subsequently obtained here extends fourteen years from 

date of foreign patent, ...... 59 

Cases acted upon as soon as application is completed, ... 59 

Course to be pursued where applicant seeks to make his a preferred 

case, ........ 60 

Patents obtained by aliens : 

Where patent granted to alien will cease to protect him, . . 61 

Patentee : 

Who may obtain a patent, ..... 1 

Assignees of entire interest, ...... 2 

Legal representatives of a deceased inventor, ... 3 

Joint inventors entitled to a joint patent, . ... . 4 

Penalties for certain acts : 

For not affixing the date of the patent on articles vended or oflFered 

for sale, ........ 70 

For afifixing the name of patentee without authority, . . 71 

For affixing the words " patent" or " letters patent," or the stamp, 

mark, or device of any patentee, on an unpatented article, . 71 

Petition. (See Potent.) 

Reconsiderations, rules for : 

Where application for Patent is rejected for want of novelty, appli- 
cant furnished with references to cases, and explanation, . 1C5 
Applicant may answer in writing, .... 105 

May reply in person or by agent before examiner, . . . 105 

Days and hour for interview with examiner, . . . 105 

In case of second rejection, case examined by Commissioner, or refer- 
red to board of examiners, . . . . . .105 

Their decision, as far as act of oflBce concerned, final, . . 105 

Final remedy by appeal, ...... 105 

Reissues and additional improvements : 

Reissue, when allowed, . . . . . . 43 

What may be the subject of a reissue, general rule, ... 44 

Additional improvement, when and to whom allowed, . . 45 
A reissue or additional improvement expires same time as original pat* 

ent would have done, ...... 46 

In case of reissue, applicant may have several patents issued for sev- 
eral distinct parts of thing patented, .... 47 

What previously required, ...... 47 

Original claim may be revised and restricted, as in original appli- 
cations, ........ 48 

Yet applicant, if he prefers, may retain old patent, . . 49 

Form of application for reissue and additional improvement, . 50 

Disclaimer, when filed, ...... 61 

Form of a disclaimer, . . .... 52 

When made by original patentee, must be so expressed, . 52 
Repayment of money : 

What money will be refunded, ..... 72 



40 CONTENTS. 

Section. 
Secret archives, retaining patents in : 

Ho w long an applicatio^i upon which a patent has been ordered to 
issue may be retained in, from day on which patent was ordered 
to issue, ...... . . 36 

By whom and how the request must be made, ... 36 

Specifications. (See Patent.) 

Testimony, taking and transmitting : 

Rules for taking and transmitting evidence in contested cases ;] 
All statements, evidence, &c., must be in writing, verified by oath, 

&c., ......... 86 

1. Notice given to opposite party, &c., . . . 86 

; 2. Evidence, &c., sealed and addressed to Commissioner, . 86 

3. Form of certificate of magistrate for envelope, . . 86 

4:. Uz parte testimony in cases of extension, ... 86 

5. Exceptions to rules, ..... 86 

Service of notice, ....... 87 

Notice must be annexed to deposition, with certificate, . . 87 

' Manner of taking testimony, . . . , . * 88 

Deposition signed by witness, ..... 88 

Certificate of magistrate appended to deposition, . . . 89,91 

Technical objections, how noticed at hearing, ... 90 

Form observed at taking depositions, .... 91 

Form of certificate of magistrate to be appended to deposition, . 91 
Magistrate must seal up deposition when completed, and endorse 

"certificate" upon envelope, . . . . . 91 

Withdrawals : 

Course to be pursued by applicant when wishing to withdraw after 
application rejected, ...... 

What applicant may have returned to him, ... 32 
Withdrawal not granted to applicants for design, reissue, or addi- 
tional improvement, . . . • . . 33 
Forms of, . . . . . ... .34 

Instructions of withdrawer as to manner of paying money, . 35 



RULES AND DIRECTIONS 



FOR 



PROCEEDINGS IN THE PATENT OFFICE 



The following information and regulations are mainly intended for the 
benefit of persons having business with the Patent Office. They are de- 
signed to be in strict accordance with the acts of Congress applicable to 
the subject; which acts are printed in pamphlet form, and will be for- 
warded by the office to any one who may desire them. 

Who Entitled to a Patent. 

1. Any person, whether citizen or alien, may obtain a patent for any 
invention or improvement made by him, and not before known. For 
greater particularity, see act of 1836, sections 6 and 7; act of 1842, 
section 3. 

2. The assignee of any invention may have the patent issue to him 
directly, (act of 1837, section 6 ;) but this is held to apply only to assign- 
ees of entire interests ; so that, although when the inventor assigns his 
entire interest to two or more, a patent will issue to them jointly, still if he 
yet retains a portion in himself, a joint patent will not be issued to him 
and them. 

3. In case of the death of the inventor, the patent wiU issue to his legal 
representatives. (Act of 1836, section 10.) 

4. Joint inventors are entitled to a joint patent; but neither can claim 
one separately. 

What will Prevent the G-ranting of a Patent. 

5. Even although the applicant has in good faith actually made an in- 
vention, a patent therefor will not be granted him if the whole or any 
part of what he claims as new had before been patented, or described in 
any printed publication, in this or any foreign country, or even if it had 
before been invented or discovered in this country, (act of 1836, section 7 ;) 
or if he has once abandoned his invention to the public ; or if, with his 
consent and allowance, it has been for more than two years in public use 
or on sale. (Act of 1836, section 6; act of 1839, section 7.) 

6. The mere fact of prior invention or discovery abroad will not pre- 
vent the issue of the patent, unless the invention had been there patented, 
or described in some printed pubhcation. (Act of 1836, section 7 ; also 
act of 1836, section 15.) 

7. Merely conceiving the idea of an improvement or machine in this 
country, is not such an " invention " or " discovery " as is above contem- 
plated. The invention must have been reduced to a practical form, either 
by the construction of the machine itself, or of a model thereof, or at least 
by making a full drawing of it, or in some other manner equally descrip- 



/> 



42 EULES AND DIRECTIONS — PATENT OFFICE. 

tive of its exact character, so that a mechanic would be enabled, from the 
description given, to construct a model thereof, before it will prevent a 
subsequent inventor from obtaining a patent. (See Hildreth vs. Heath, 
and Perry vs. Cornell, decided by Judge Cranch on an appeal from the 
Commissioner.) 

Mode of Proceeding to Obtain a Patent. 

8. The application must be made by the actual inventor, if alive, (act 
of 1836, section 6,) even although the patent is to issue to the assignee, 
(act of 1837, section 6 ;) but where the inventor is dead, the application 
and oath may be made by the executor or administrator. (Act of 1836, 
section 10.) 

9. The application must be in writing, signed by the applicant, and ad- 
dressed to the Commissioner of Patents. 

The following is the usual form, to be varied according to circumstances : 

Petition. 

To THE Commissioner of Patents : 

The petition of John Fitch of Philadelphia, in the county of Philadelphia. 

and State of Pennsylvania, 

Respectfully repeesents: 

That your petitioner has invented a new and improved mode of prevent- 
ing steam-boilers from bursting, which he verily believes has not been 
known or used prior to the invention thereof by your petitioner. He 
therefore prays that letters patent of the United States may be granted to 
him therefor, vesting in him and his legal representatives the exclusive 
right to the same, upon the terms and conditions expressed in the act of 
Congress in that case made and provided ; he having paid thirty dollars 
into the treasury, and comphed with the other provisions of the said act. 

JOHN FITCH. 

10. The applicant must set forth in his specification the precise inven- 
tion for which he claims a patent. 

If claimed as mere improvement on another invention, that fact should 
be clearly stated ; and if claimed as substantially differing from another 
invention with which it appears to be coincident, the difference must be 
clearly pointed out. 

11. Two or more separate machines will not be allowed to be the sub- 
ject of one patent, unless connected in their design and operation. 

12. The specification must be signed by the inventor, (or by his ex- 
ecutor or administrator if the inventor be dead.) It should describe the 
sections of the drawings, (where there are drawings,) and refer hj letters 
and figures to the different parts. The substantial requisites of the specifi- 
cation are set forth in the act of Congress, 1836, section 6. The following 
may be taken as a specimen of the proper form : 

Specification. 

To ALL WHOM IT MAY CONCERN : 

Be it known that I, John Fitch, of Philadelphia, in the county of Phil- 
adelphia, in the State of Pennsylvania, have invented a new and im- 



KULES AND DIRECTION'S — PATENT OFFICE. 43 

proved mode of preventing steam-boilers from bursting ; and I do hereby 
declare that the following is a full and exact description thereof, reference 
being had to the accompanying drawings, and to the letters of reference 
marked thereon : 

The nature of my invention consists in providing the upper part of a 
steam-boiler with an aperture in addition to that for the safety-valve ; 
which aperture is to be closed by a plug or disk of alloy, which will fuse 
at any given degree of heat, and permit the steam to escape, should the 
safety-valve fail to perform its functions. 

To enable others skilled in the art to make and use my invention, I will 
proceed to describe its construction and operation. I construct my steam- 
boiler in any of the known forms, and apply thereto gauge-cocks, a safety- 
valve, and the other appendages of such boilers ; but, in order to obviate 
the danger arising from the adhesion of the safety-valve, and from other 
causes, I make a second opening in the top of the boiler, similar to that 
made for the safety-valve, as shown at A, in the accompanying drawing ; 
and in this opening I insert a plug or disk of fusible alloy, securing it in 
its place by a metal ring and screws, or otherwise. This fusible metal I, 
in general, compose of a mixture of lead, tin, and bismuth, in such pro- 
portions as will insure its melting at a given temperature, which must be 
that to which it is intended to limit the steam ; and will, of course, vary 
with the pressure the boiler is intended to sustain. 

I surround the opening containing the fusible alloy by a tube B, in- 
tended to conduct off any steam which may be discharged therefrom. 
When the temperature of the steam in such a boiler rises to its assigned 
limit, the fusible alloy will melt, and allow the steam to escape freely, 
thereby securing it from all danger of explosion. 

What I claim as my invention, and desire to secure by letters patent, i^ 
the application to steam-boilers of a fusible alloy, which will melt at a 
given temperature, and allow the steam to escape, as herein described, 
using for that purpose the aforesaid metallic compound, or any other sub- 
stantially the same, and which will produce the intended effect. 

JOHN FITCH. 

Witnesses — 

Robert Fulton, 
Oliver Evans. 

When the application is for a machine, the specification should commence 
thus: 

Be it known that I, , of , in the county of 



and State of , have invented a new and useful machine for [stating 

the use and title of the machine; and if the application is for an improve- 
ment, it should read thus : a new and useful improvement on a, or on the, 
machine, &c.] — and I do hereby declare that the following is a full, clear, 
and exact de^^cription of the construction and operation of the same ; refer- 
ence being had to the annexed drawings, making a part of this specifica- 
tion, in which figure 1 is a perspective view; figure 2 a longitudinal eleva- 
tion ; figure 3 a tranverse section, &c. ; [thus describing all the sections of 
the drawings, and then referring to the parts by letters. Then follows the 
description of the construction and operation of the machine; and lastly 
the claim, which should express the nature and character of the invention, 
and identify the parts claimed separately or in combination. If the speci- 



44 



RULES AND DIRECTION'S — PATENT OFFICE. 



fication is for an improvement, the original invention should be disclaimed, 
and the claim confined to the improvement.] 

13. The specification and drawings must be signed by the inventor and 
attested by two witnesses. (Act of 1836, section 6.) 

14. The applicant must then make oath or af&rmation as required by 
the act of 1836, section 6 which must be substantially as follows : 

Oath. 



ss. 



City and County of Philadelphia, 

State of Pennsylvania, 

On this day of , 186 , before me, the subscriber, a 

, personally appeared the within named John Fitch, and made 

solemn oath (or affirmation) that he verily believes himself to be the 
original .and first inventor of the mode 'herein described for preventing 
steam-boilers from bursting ; and that he does not know or believe the 
same was ever before known or used ; and that he is a citizen of the 
United States. 

(Signed) A B, 

Justice of the Peace. 

In the case of an alien who has taken the requisite steps to become na- 
turalized, the following form should be adopted : 

City and County of Philadelphia, 
State of Pennsylvania, 

On this day of , 186 



1 



ss. 



before me the subscriber, a 
-, personally appeared the within named John Fitch, and made 
^olemn oath (or affirmation) that he verily believes himself to be the 
original and first inventor of the mode herein described for preventing 
steam-boilers from bursting ; and that he does not know or believe the 
same was ever before known or used; and that he is a native of the 
kingdom of Great Britain ; that he has resided within the United States 
for the whole of the past year, and has taken the oath prescribed by law 
for becoming naturalized in this country. 

(Signed) A B, 

Justice of the Peace, 

15. If the applicant is an alien not residing in the United States, or if 
he has not taken the necessary steps to become naturalized, the oath must 
be modified accordingly. (See act of 1836, section. 9.) 

16. The oath may be taken before any person authorized bylaw to ad- 
minister oaths. 

17. When the oath is taken in a foreign country, the oath may be 
taken before any minister plenipotentiary, charge d'affaires, consul, or com- 
mercial agent, holding commission under the government of the United 
States, or before any notary pubhc of the country in which the oath is 
taken, being attested in all cases by the proper official seal. (See act of 
1842, section 4.) 

18. The drawings required by law (see act of 1836, section 6) should 
generally be in perspective. Such parts as cannot be shown in perspective 
must, if described, be represented in plans, sections, or details. 

19. Duplicate drawings should be sent to the office in the first instance. 
They should be neatly executed on sheets separate from the other papers 



EULES AND DIRECTIONS — PATENT OFFICE. 45 

— from eighteen to nineteen inches from top to bottom, and not less than 
thirteen across, nor more than twenty-five, unless more space is necessary 
to exhibit the device or machine with clearness. One of these drawings, 
which is to be kept in the office for reference, should be on stiff drawing 
paper. The other, which is to be attached to the patent, should have a 
margin of one inch at least for that purpose on the right-hand side, and 
should be on some material that will bear folding and transportation. Each 
part shduld be distinguished by the same number or letter, wherever that 
part is delineated in the drawings, and should be referred to in the specifi- 
cation by such letter or number. These drawings should be signed by the 
applicant, and attested by two witnesses. 

20. The model must be neatly and substantially made, of durable ma- 
terial, and not more than one foot in length or height, except when a 
larger model is permitted by the office for special reasons to be shown by 
the applicant. Models filed as exhibits, in interference and other cases, 
should also as far as practicable conform to this rule as to size. Should 
they exceed this limit, they will not be preserved in the office after the 
termination of the case to which they belong. If made of pine or other 
soft wood, they should be painted, stained, or varnished. 

A working model is always desirable, in order to enable the office fully 
and readily to understand the precise operation of the machine. The 
name of the inventor, and also of the assignee, (if assigned,) must be 
fixed upon it in a permanent manner. 

21. When the invention is of a composition of matter, a specimen of 
the ingredients and of the composition, which the law requires, must ac- 
company the application, (see act of 1836, section 6,) and the name of 
the inventor, and assignee (if there be one), must be permanently affixed 
thereto. 

22. Models or specimens forwarded without a name are liable to be lost 
or mislaid, as they cannot be entered upon the record. In sending models 
to the Patent Office by express, or any ordinary mode of transportation, 
the expenses must be prepaid by the sender, 

23. No application can be examined, nor can the case be placed upon 
the files for examination, until the fee is paid, the model or specimen de- 
posited, and the specification, with the petition, oath, and drawings, (when 
required,) filed. 

The Importance of the Specification. 

Too much importance cannot be attached, by an applicant for a patent, 
to the manner in which the specification and drawings are prepared, as 
upon these will depend the legal value of the patent. Many inventors 
suppose that by taking the forms of specification, petition, and oath here 
prescribed by the Patent Office, they will have no trouble in getting an 
official decision upon their applications. This is an erroneous impression, 
and has led many applicants into great trouble and expense, much more 
than tliey would have incurred if they had employed, at the outset, a com- 
petent and experienced patent solicitor. This matter is so very important, 
that Curtis, in his celebrated Treatise on the Law of Patents, devotes 
eighty-one pages to its consideration. 

The specification must describe in full, clear, and exact terms the nature 



\ 



46 EULES AND DIRECTIONS — PATENT OFFICE. 

and operation of the invention ; and tlie claim on whicli the patent will 
be founded, when granted, must be very carefully drawn. "While it is 
easy, comparatively, to prepare drawings for a patent, the specification 
should never be undertaken except by one who thoroughly understands 
the business. 

Messrs, Munn & Co., the Editors and Proprietors of the Scientific 
American, have had upwards of sixteen years' experience in the business of 
preparing specifications and drawings, and are thoroughly conversant with 
\^ all the scientific and legal qualifications necessary. 

Of the Examination. 

25. All the cases in the Patent Office are arranged in classes, which are 
taken up for examination in regular rotation. 

Those in the same class are examined and disposed of, as far as practi- 
cable, in the order in which the respective applications are completed. 
"When, however, the applicant has a foreign patent for his invention, or 
when such invention is deemed of peculiar importance to some branch of 
the public service, and when, for that reason, the head of some depart- 
ment of the government specially requests immediate action, the case will 
be taken up out of its order. These, with applications for additional im- 
provements and reissues, are the only exceptions to the rule above stated 
in relation to the order of examination. 

26. A specification cannot be amended in any material part unless there 
is something to amend by — that is to say, can only be so amended to 
cause it to correspond with the drawing or model. A similar rule is en- 
forced in regard to amendments of the drawing or model. And where 
any substantial change is made by describing or representing in the speci- 
fication a new invention, not included as a portion of that originally de- 
scribed in the specification, a second affidavit must be made to the specifi- 
cation as amended, and the signatures of witnesses will also be required 
anew. 

27. When the change thus made is very considerable, the case may be 
placed at the foot of the list, to await its turn anew in the order of ex- 
amination. 

28. After a case has been examined and the claim allowed, no altera- 
tion will be permitted in the character of the invention without a with- 
drawal of the case and the filing of a new application, or (if the patent be 
granted) an application for a reissue, or for an additional improvement, as 
the case may require. 

29. The personal attendance of the applicant at the Patent Office is un- 
necessary. The business can be done by correspondence or by attorney. 
All correspondence must be addressed to the Commissioner. For remarks 
on this subject, see page 68. 

30. When an application has been finally decided, the Office will retain 
the original papers, furnishing the applicant copies, if he desires them, at 
the usual expense. 

31. If the patent is granted, it will be transmitted to the patentee or 
to his agent, in case he has a full power of attorney authorizing him to 
receive it. 



r 



V. 



RULES AND DIRECTIONS — PATENT OFFICE. 47 

Of Withdrawals. 

32. I^ when an application is rejected, the applicant relinquishes his 
claim, in pursuance of the 7th section of the act of 1836, and the 12th 
section of the act of 1837, he must notify the Commissioner of the fact of 
such withdrawal, sending at the same time his receipt for two-thirds of the 
fee paid by him, which will be thereupon returned. The model and 
papers will be retained by the office. The applicant may, however, have 
the duplicate drawing if he desires it. 

33. The apphcant in such cases will be entitled to receive back from the 
office two-thirds of the fee paid by him at the time of making his applica- 
tion. But this right of withdrawal does not extend to appHcations for a 
design, or for a reissue or additional improvement. 

34. In withdrawing an application, the following forms may be fol- 
lowed : 

To THE Commissioner of Patents : 

Sir : I hereby withdraw my application for a patent for improvements in 
the cotten-gin, now in your office, and request that twenty dollars may be 
returned to me, by mail, agreeably to the provision of the act of Congress 
authorizing such withdrawal. 

ELI WHITNEY. 

Cabotsville, Mass., February 16, 1856. 

Received of the Treasurer of the United States, per Charles Mason, 
Commissioner of Patents, twenty dollars, being the amount refunded on 
withdrawing my application for a patent for improvements in the cotton- 
gin. 

ELI WHITNEY. 

Cabotsville, Mass., February 16, 1856. 

35. Particular instructions should be given by the person withdrawing 
money from the office as to the manner in which the money shall be paid 
-—whether to his order at this office, or remitted by mail. 

Retaining Patents in the Secret Archives. 

36. No application upon which a patent has been ordered to issue shall 
be retained in the secret archives of the office more than six months from 
the day on which the patent was ordered to issue. The request to have 
the application placed in the secret archives shall in all cases be made by 
the patentee, or the assignee of all the interest therein, in writing, and 
filed with the chief clerk, before the patent shall be recorded. 

Rejections and Appeals. 

37. After a case has been once rejected, the applicant may have a 
second examination, by renewing his oatli, either with or without an altera- 
tion of his specification. (Act of 1836, section 7.) But such alteration 
must be in accordance with article 26 of these rules. After thus applying 
fol" a second examination, no withdrawal will be allowed. <» 

38. After a second rejection, the applicant may bring the case before the A 
Commissioner in person, and, if still dissatisfied, may appeal to one of the ] 
judges of the circuit court of the District of Columbia. (See article 105 / 
of these rules- also act of 1839, section 11, and 1852, section 1.) -^ 



<l 



48 EULES AND DIRECTIONS — PATENT OFFICE. 

39. The mode of appeal is by giving notice thereof to the Commis- 
sioner ; fihng in the patent office, within such time as the Commissioner 
shall appoint, his reasons of appeal ; and paying to him the sum of twenty- 
five dollars. (Act of 1839, section 11.) Blanks for the notice of appeal, 
the reasons of appeal, the petition, and copies of the appellate judge's rules, 
will be forwarded on request. For special information concerning Rejec- 
tions and Appeals, see pages 66 and 70. 

Of Interferences. 

40. When each of two or more persons claims to be the first inventor 
of the same thing, an "interference is declared between them, and a trial 
is had before the Commissioner. Nor does the fact that one of the par- 
ties has already obtained a patent prevent such an interference ; for al- 
though the Commissioner has no power to cancel a patent already issued, 
he may, if he finds that' another person was the prior inventor, give him 
also a patent, and thus place them on an equal footing before the courts 
and the public. (Act of 1836, section 8.) 

41. Upon the. declaration of an interference, a day will be fixed for 
closing the testimony, and a further day fixed for the hearing of the cause. 
Previous to this latter day, the arguments of counsel must be filed, if at 
all 

42. If either party wishes a postponement of either the day for closing 
the testimony or the day of hearing, he must, before the day he thus 
seeks to postpone is past, show by affidavit a sufficient reason for such 
postponement. For special information concerning Interferences, see 
page 69. 

Of Reissues, and Additional Improvements, 

43. A reissue is granted to the original patentee, his heirs, or assigns,, 
when by reason of an insufficient or defective specification the patent is 
invalid, provided the error has arisen from inadvertency, accident, or mis- 
take, without any fraudulent or deceptive intention. (Act of 1836, 
section 13.) 

44. The general rule is, that whatever is really embraced in the original 
invention, and so described or shown that it might have been embraced in 
the original patent, may be the subject of a reissue. 

45. A modification of a patent so as to include an additional improve- 
ment is allowed in favor of the original patentee only, and may embrace 
any improvement made by him subsequent to the issuing of the patent^ but 
none other. (Act of 1836, section 13.) 

46. In each of the above cases the modified patent expires at the same 
time as the original patent would have done. For this reason such appli- 
cations will be acted upon immediately after they are completed. 

47. Where a reissue is granted, the applicant may, at his option, have 
separate patents issued for the several distinct parts of the thing patented, 
by paying the requisite additional fees, and complying with the other re- 
quirements of the law as in original applications. (Act of 1837, sec- 
tion 5.) 

48. In all cases for applications for reissues and for additional improve- 
ments, the original claim is subject to reexamination, and may be revised 
and restricted in the same manner as in original applications. (Act 1837*. 
section 8..) 



KULES AND DIRECTIONS— PATENT OFFICE. 49 

49. But in all such cases, after the action of the Patent Office has been 
made known to the applicant, if he prefers the patent originally granted to 
that which will be allowed by the decision of the office, he has the privi- 
lege of abandoning the latter, and retaining the old patent. 

50. The following are appropriate forms of application for reissues and 
for additional improvements: 

Surrender of a patent for reissue. 
To THE Commissioner of Patents : 

The petition of Samuel Morey, of Philadelphia, in the county of Phila- 
delphia, and State of Pennsylvania, 

Respectfully represents : 

That he did obtain letters patent of the United States for an improve- 
ment in the boilers of steam-engines, which letters patent are dated on the 
first day of March, 1850; that he now believes that the same is inopera- 
tive and invalid by reason of a defective specification, which defect has 
arisen from inadvertence and mistake. He therefore prays that he may be 
allowed to surrender the same, and requests that new letters patent may 
issue to him, for the same invention, for tlie residue of the period for 
which the original patent was granted under the amended specification 
herewith presented, he having paid fifteen dollars into the treasury of the 
United States, agreeably to the requirements of the act of Congress in 
that case made and provided. 

Form of oath to he appended to applications for reissues. 

City and County of Philadelphia, ] 
State of Pennsylvania^ [ 

On this day of , 186 , before the subscriber, a , 

personally appeared the above-named Samuel Morey, and made solemn 
oath (or affirmation) that he verily believes that, by reason of an insuffi- 
cient or defective specification, his aforesaid patent is not fully Y^lid and 
available to him ; and that the said error has arisen from inadvertence, 
accident, or mistake, and without any fraudulent or deceptive intention, to 
the best of his knowledge or belief. 

(Signed) . 

Addition of new improvements. 

To the Commissioner of Patents : 

The petition of James Rumsey, of the county of Berkley and State of 

Virginia, 

Respectfully represents : 

That your petitioner did obtain letters patent of the United States for 
an improvement in the boilers of steam-engines, which letters patent are 
dated on the first day of March, 1850; that he has since that date made 
certain improvements on his said invention ; and tliat he is desirous of 
adding the subjoined description of his said improvements to his original 
letters patent, agreeably to the provisions of the act of Congress in that 
case made and provided, he having paid fifteen dolhirs into tlie treasury of 
the United States, and otherwise complied with tlic requirements of the 

said act. 

JAMES KUMSEY. 

4 



50 RULES AND DIRECTIONS — PATENT OFFICE. 

A specification and claim should then follow substantially as in case of 
an original application. The oath must also be the same, except that he 
need not swear to citzenship, but instead thereof should state as follows : 
** And that said improvement was made by him subsequent to the date of 
his aforesaid patent." 

It is very important, whenever applications are made for Reissues, that 
the papers relating to the same should be carefully prepared by a compe- 
tent person, otherwise the patentee will fail to obtain what is important to 
be secured by a Reissue. 

Messrs. Munn & Co. give special attention to the preparation of all 
papers for Reissues and Additional Improvements. 

Of Disclaimers. 

51. Where by inadvertence, accident, or mistake, the original patent is 
too broad, a disclaimer may be filed either by the original patentee or by 
his assignees. (Act of 1837, section 7.) 

By the English law, as well as by the act of 1836, (section 15,) if 
the patent were too broad, it was wholly invalid. The case is now differ- 
ent here, but still the necessity of a disclaimer is manifest. (See act of 
1837, section 9.) 

52. The following is a sufficient form for a disclaimer: 

To THE COAIMISSIONER OF PATENTS : 

The petition of Sebastian Cabot, of Cabotsville, in the county of Hamp- 
den and State of Massachusetts, 

Res'^'ectfully represents : 

That he has, by assignment, duly recorded in the Patent Office, become 
the owner of a right for the several States of Massachusetts, Connecticut, 
and Rhode Island, to certain improvements in the steam-engine, for which 
letters patent of the United States were granted to John Doe of Boston, 
in the State of Massachusetts, dated on the first day of March, 1850 ; that 
he has reason to believe that, through inadvertence and mistake, the claim 
made in the specification of said letters patent is too broad, including that of 
which the said patentee was not the first inventor. Your petitioner there- 
fore hereby enters his disclaimer to that part of the claim in the aforenamed 
specification which is in the following words, to wit: "I also claim the 
particular manner in which the piston of the above described engine is 
constructed so as to insure close fitting of the packing thereof to the 
cylinder, as set forth;" which disclaimer is to operate to the extent of the 
interest in said letters patent vested in your petitioner, who has paid ten 
dollars into the treasury of the United States, agreeably to the require- 
ments of the act of Congress in that case made and provided. 

SEBASTIAN CABOT. 

"When the disclaimer is made by the original patentee, it must, of course, 
be so worded as to express that fact. 

Of Extensions. 

53. The power of extending a patent for seven years, from the day on 
which it would expire, is now vested in the Commissioner of Patents. 
.(Act of 1836, section 18, and act of 1848, section 1.) 



RULES AND DIRECTIONS — PATENT OFFICE. 51 

54. The applicant for an extension should file his petition and pay in 
the requisite fee at least three months prior to the expiration of his patent, 
to give time for the sixty days' notice required to be given, and to allow a 
sufficient time to the Commissioner to examine the case fully after the ex- 
piration of those sixty days, and previous to the day on which the patent 
is to expire. There is no power in the Patent Office to renew a patent 
after it has once expired. (Act of 1836, section 18, 1848, section 1.) 

55. The questions which arise on each application for an extension are : 

1. Is the invention novel f 

2. Is it useful? 

3. Is it valuable and important to the public? 

4. Has the inventor been adequately remunerated for his time and ex- 
pense in originating and perfecting it ? 

5. Has he used due diligence in introducing his invention into general 
use? 

The two first questions will be determined upon the result of an examin- 
ation in the Patent office; as will also the third to some extent. 

To enable the Commissioner to come to a correct conclusion in regard to 
the third point of inquiry, the applicant should, if possible, procure the 
testimony of persons disinterested in the invention ; which testimony should 
be taken under oath. 

In regard to the fourth and fifth points of inquiry, in addition to his own 
oath showing his receipts and expenditures on account of the invention — 
by which its value is to be ascertained — the applicant should show, by the 
testimony of disinterested witnesses on oath, that he has taken all reason- 
able measures to introduce his invention into general use, and that, without 
fault or neglect on his part, he has failed to obtain from the use and sale 
of the invention a reasonable remuneration for the time, ingenuity, and 
expense bestowed on the same, and the introduction thereof into use. 

The report of the examiner upon the novelty and utility of the invention 
will be ready five days before the day appointed for the hearing, which 
will be open for inspection at the Patent Office ; copies of which will be 
furnished to all parties interested, if desired, on payment of the usual fees 
for copies. 

In case of opposition by any person to the extension of a patent, both 
parties may take testimony — each giving reasonable notice to the other of 
the time and place of taking said testimony ; which shall be taken accord- 
ing to the rules prescribed by the Commissioner of Patents in cases of in- 
terference. 

All arguments submitted must be in writing. 

In conclusion, it may be remarked generally, that a monopoly of his 
invention is secured by law to the inventor for the term of fourteen years. 
This is done with a view to compensate him for his time and expense in 
originating and perfecting it. At tlie end of the time for which his patent 
runs his monopoly should cease, and the invention become public property, 
unless he can show good reason to the contrary. The prosuniptiou is 
always against his application; and if he cannot show that his invention is 
novel, useful, and valuable, and important to the public, and that, having 
made all reasonable effort to introduce it into general use, he has not been 
adequately remunerated for his time and expenses in discovering and })er- 
fecting it, the Commissioner cannot grant an extension. 

The applicant for an extension must furnish to the office a statement in 



52 KULES AND DIRECTIONS — PATENT OFFICE. 

•writing, under oath, of the ascertained value of the invention, and of his 
receipts and expenditures. This statement should be made particular and 
in detail, unless sufficient reason is set forth why such a statement cannot 
be furnished. (Act of 1836, section 18; 1848, section 1.) 

This statement must be filed within thirty days after filing his petition, 
as contemplated in the preceding section. 

Any person opposing the extension of a patent must file his reasons in 
the Patent Office at least twenty days before the day of hearing, as set 
forth in the notices published. He may also, at any time after the appli- 
cation for an extension has been made, give notice to the applicant of his 
intention to oppose the said extension. After this notice, he will be re- 
garded as a party in the case^ and be entitled to notice of the time and 
place of taking testimony, as well as to a list of the names and residences 
of witnesses whose testimony may have been previously taken. 

The person opposing the extension will be entitled to a copy of the 
application, and any other papers on file, upon paying the costs of copying. 

In contested cases no testimony will be received^ unless by consent, 
which has been taken within thirty days next after the filing of the peti- 
tion for the extension. 

The notice of an application for an extension will fix a day for the clos- 
ing of the testimony, and also a day for the hearing. The depositions and 
other papers relied upon as testimony must be filed in the ojEfice on or be- 
fore the morning of the day next after that fixed for the testimony ; and 
the arguments (if any) must be filed within ten days thereafter, unless 
some other time be fixed by the office. 

Applications for a postponement of the hearing must be made and sup- 
ported according to the same rules as are to be observed in the case of in- 
terferences. But they will not be granted in such a manner as to cause a 
risk of preventing a decision in season. 

Remarks on the Extension of Patents. 

Hundreds of valuable patents are annually expiring which might readily 
be extended, and if extended, might prove the source of wealth to their for- 
tunate possessors. 

We are persuaded that very many patents are suffered to expire with- 
out any efibrt at extension, owing to the ignorance of the patentees, their 
relatives or assigns, as to the current law and the mode of procedure in 
order to obtain a renewed grant. 

The statute of 1836 provides that, when an inventor has failed to receive 
a sufficient reward for his invention, during the existence of the original 
patent, he may apply to the Commissioner for an extension of the term ; 
and the Commissioner, on the presentation of proper proofs touching the 
amounts received by the applicant, the value of the invention, &c., is em- 
powered to extend the patent for seven years, so that it will run for a period 
of twentyrone years from its original date. Some of the most valuable grants 
now existing are extended patents. 

All the documents connected with extensions require to be carefully 
drawn up and attended to, as any failure, discrepancy, or untruth in the 



RULES AND DIRECTIONS — PATENT OFFICE. 53 

proceedings or papers is liable to defeat the application. Applicants for 
extensions should always place the management of their cases, from first 
to last, in the hands of faithful and experienced patent attorneys. Ordinary 
lawyers or agents, who have had no experience in extension cases, should 
never undertake them. 

The Government fee in extension cases is $40. To this must be added 
the charges of the attorney who conducts the case, which should be agreed 
upon beforehand. 

In case of the decease of the inventor, his administrator may apply for 
and receive the extension ; but no extension can be applied for or granted 
to an assignee of an inventor. 

Patentees, or, if deceased, their heirs, may apply for the extension of 
patents, but should give ninety days' notice of their intention. 

The inventor or his heirs may arrange to sell the extended terra of the 
patent before the grant thereof, and the purchaser will enjoy the same 
when issued. 

Patents may be extended, and preliminary advice obtained, by consult- 
ing or writing to Messrs. Munn & Co. 

Of Designs. 

56. In making an application to patent a design, the same course is to 
be pursued as in case of an application for patenting a machine. 

57 No patent for a design can be obtained by an alien, unless he has 
resided one year within the United States, and taken an oath of his inten- 
tion to become a citizen thereof (Act of 1842, section 3.) 

58. The following, or other equivalent, forms are proper to be observed 
in the applications of this nature : 

Form of application for patents for designs. 
To THE Commissioner of Patents : 

The Petition of Benjamin "West, of the city and county of Philadelphia 

and State of Pennsylvania, 
Respectfully represents : 

That your petitioner has invented or produced [a new and original de- 
sign for a composition in alto-relievo] which he verily believes has not been 
known prior to the production thereof by your petitioner. He therefore 
prays that letters patent of the United States may be granted to him 
therefor, vesting in him and his legal representatives the exclusive right 
to the same, upon the terms and conditions expressed in tlie act of Congress 
in that case made and provided, he having paid fifteen dollars into the 
treasury, and complied with the other provisions of the said act. 

BENJAMIN WEST. 
Form of specification. 

To ALL WHOM IT MAY CONCERN : 

Be it known, that I, Benjamin West, of the city of Philadelphia, in the 
county of Philadelphia and State of Pennsylvania, have invented or pro- 
duced a new and original design for a composition in alto-relievo, and I 



64 EULES AND DIKECTIONS — PATENT OFFICE. 

do hereby declare that the following is a full and exact description of the 
same : 

[Here follows a description of the design, with reference to the specimen 
or drawing, the specification to conclude with declaring what the inventor 
claims, in terms characteristic of the design, &c.] 

BENJAMIN WEST. 
Witnesses — 

Noah "Webster, 
Nathaniel Bowditch. 

Form of Oath. 

City and County of Philadelphia, i 
State of Pennsylvania, \ 

On this day of , 186 , before the subscriber, a 



personally appeared the within named Benjamin West, and made solemn 
oath (or affirmation, as the case may be) that he verily believes himself to 
be the original and first inventor or producer of the design for a composi- 
tion in alto-relievo, and that he does not know or believe that the same 
was ever before known or used, and that he is a citizen of the United 
States. 

All business relating to designs is carefully transacted by Messrs. 
MuNN & Co. 

Of Foreign Patents. 

59. The taking out of a patent in a foreign country does not prejudice 
a patent previously obtained here ; nor does it prevent obtaining a patent 
here subsequently. 

When the patent is applied for here after being obtained abroad, it will 
extend only fourteen years from the date of the foreign patent. For this 
reason such cases will be acted upon out of their order, and as soon as the 
application is completed. (Act of 1839, section 6.) 

60. Where an applicant seeks to make his a preferred case, in conse- 
quence of his having obtained a foreign patent, he should (temporarily) file 
in the office the patent so obtained, with the specifications (provisional 
or complete) attached, or a sworn copy of those. But where such papers 
or copies cannot be conveniently furnished, it will be sufficient if the rea- 
sons of such inability be set forth by affidavit, and also the fact that a 
foreign patent has actually been obtained, giving its date, and showing 

-learly that' the invention so patented covers the whole ground of his 
oresent application. 

For many years past Messrs. Munn & Co. have given a great deal of 

attention to the subject of Foreign Patents, and are probably more largely 

concerned in their procuration than any other Patent Solicitors in the 

United States. For instructions how to secure European Patents, to- 

gether with a synopsis of the Patent Laws of various foreign countries, see 

page V3. 

Of Patents Obtained by Aliens. 

61. If an alien neglects to put his invention on public sale within eight- 
een months after the patent is granted, and to continue it on sale to the 
public on reasonable terms, his patent will cease to protect him. (Act of 
1836, section 15.) 



EULES AND DIRECTIONS — PATENT OFFICE. 55 

Of Caveats. 

62. Any citizen, or an alien who has resided for one year last past in 
the United States, and has made oath of his intention to become a citizen 
thereof, can file a caveat in the secret archives of the Patent Office. And 
if at any time within one year thereafter another person applies for a patent 
for the same invention, the caveator will be entitled to notice to complete 
his specification, and to go into interference with the applicant for the 
purpose of proving priority of invention, and obtaining the patent if that 
fact be proved. (Act of 1836, section 12.) 

63. The caveator will not be entitled to notice of any application pending 
at the time of filing his caveat, nor of any application filed after the expi- 
ration of one year from the date of filing the caveat. But he may renew 
his caveat at the end of one year, by paying a second caveat fee, which 
will continue it in full force for one year longer, and so on from year to 
year as long as the caveator desires. 

No caveat can be filed in the secret archives of the office unless accom- 
panied by an oath of the caveator that he is a citizen of the United States, 
or that he is an ahen and has resided for one year last past within the 
United States, and has made oath of his intention to become a citizen 
thereof; nor unless the applicant also states, under oath, that he believes 
himself the original inventor of the art, machine, or improvement set forth 
in his caveat. 

64. A caveat need not contain as particular a description of the inven- 
tion as is requisite in a specification ; but still the description should be 
sufficiently precise to enable the office to judge whether there is a probable 
interference when a subsequent application is filed. 

65. Caveat papers cannot be withdrawn from the office nor undergo 
alteration after they have once been filed ; but additional papers relative 
to the invention may be appended to the caveat, (their date being noted,) 
provided they are merely amendatory of the original caveat. 

66. In the case of filing papers supplementary to an original caveat the 
right to notice in regard to the subject of those papers expires with the 
caveat ; and any additional papers not relating to the invention first 
caveated will receive no notice. 

67. The caveator, or any other person properly authorized by him, can 
at any time obtain copies of the caveat papers at the usual rates. 

68. It is desirable that the caveat should be accompanied by drawings 
or sketches, and even by a model if convenient. 

69. The following will give a general idea of the proper form of a 
caveat : 

To THE Commissioner of Patents : 

The petition of Sebastian Cabot, of Cabotsville, in the county of Hamp- 
den and State of Massachusetts, 

Respectfully represents : 

That he has made certain improvements in the mode of constructing 
the boilers for steam-engines, and that he is now engaged in making ex- 
periments for the purpose of perfecting the same, preparatory to his apply- 
ing for letters patent therefor. lie therefore prays that the sul)joined 
description of his invention may be filed as a caveat in the confidential 
archives of the Patent Office, agreeably to the provisions of the act of 
Congress in that case made and provided ; he having paid twenty dollars 



56 KULES AND DIRECTIONS — PATENT OFFICE. 

into the treasury of the United States, and otherwise comphed with the 
requirements of the said act. 

SEBASTIAN CABOT. 
Cabotsville, March 1, 1856. 

Here should follow a description of the general principles of the inven- 
tion, so far as it has been completed. 

Remarks on Caveats. 

It is very important that great care should be observed in the prepara- 
tion of caveat papers, as otherwise they may entirely fail of their object- 
The government fee on filing a caveat is $20, which sum applies when 
application is made for a patent on the invention described in the caveat. 

Messrs. Munn & Co. attend to the preparation of caveat papers. They 
only require a sketch and description, to enable them to prepare the 
papers, no model being necessary. 

Penalties for Certain Acts. 

70. Patentees or their assignees are required to affix the date of the 
patent on each article vended or offered for sale, under a penalty of not 
less than one hundred dollars. (Act of 1842, section 6.) 

71. Stamping or affixing the name of any patentee on any article with- 
out authority to do so, or affixing the word " patent " or " letters patent," 
or the stamp, mark, or device of any patentee on any unpatented article, 
is forbidden under a like penalty. (Act of 1842, section 5.) 

Of the Payment of Money. 

72. Money paid by actual mistake will be refunded (act of 1842, sec- 
tion 1 ;) but a mere change of purpose after the payment of money will 
not enable the person to obtain his money and withdraw his papers. 

Of Assignments. 

73. An inventor can assign his entire right before a patent is obtained, 
so as to enable the assignee to take out a patent in his own name, (see 
section 2d of these Instructions ;) but the assignment must first be re- 
corded and the specifications sworn to by the inventor. (Act of 1837, sec- 
tion 6.) 

In the case of an assignment by a foreigner, the same fee will be re- 
quired as if the patent issued to the inventor, 

74. After a patent is obtained, the patentee may assign the right to 
make or use the thing patented in any specified portion of the United 
States, (act of 1836, section 11 ;) but no such assignment to specified 
portions of the United States, made prior to obtaining the patent, will 
enable the assignees to take out the patent in their own names. 

75. Every assignment should be recorded within three months from its 
date ; but if recorded after that time, it will protect the assignee against 
any one purchasing after the assignment is placed on record. 

76. When the patent is to issue in the name of the assignee, the entire 
correspondence should be in his name. 

77. The receipt of assignments is not generally acknowledged by the 
office. They will be recorded in their turn within a few days after their 
reception, and then transmitted to persons entitled to them. 



EULES AND DIRECTIONS — PATENT OFFICE. 57 

78. Form of assignment of the entire interest in letters patent before 
obtaining the same, and to be recorded preparatory thereto : 

"Whereas I, Jethro "Wood, of Scipio, in the county of Cayuga and 
State of New York, have invented certain new and useful improvements 
in plough?, for which I am about to make application for letters patent of 
the United States ; and whereas David Peacock, of Burlington, New 
Jersey, has agreed to purchase from me all the right, title, and interest 
which I have, or may have, in and to the said invention in consequence of 
the grant of letters patent therefor, and has paid to me, the said Wood, 
the sum of five thousand dollars, the receipt of which is hereby acknowl- 
edged : Now this indenture witnesseth, that for and in consideration of 
the said sum to me paid, I have assigned and transferred, and do hereby 
assign and transfer, to the said David Peacock, the full and exclusive right 
to all the improvements made by me, as fully set forth and described in 
the specification which I have prepared and executed preparatory to the 
obtaining of letters patent therefor. And I do hereby authorize and re- 
quest the Commissioner of Patents to issue the said letters patent to the 
said David Peacock, as the assignee of my whole right and title thereto, 
for the sole use and behoof of the said David Peacock and his legal rep- 
resentatives. 

In testimony whereof, I have hereunto set my hand and affixed my 
seal, this sixteenth day of February, 1856. 

JETHRO WOOD, [seal.] 

Sealed and delivered in the presence of 
George Clymer, 
David Rittenhouse. 

Form of assignment of a partial right in a patent. 

Whereas I, Jethro Wood, of Scipio, in the county of Cayuga and 
State of New York, did obtain letters patent of the United States for 
certain improvements in ploughs, which letters patent bear date the first 
day of March, 1855 ; and whereas David Peacock, of Burlington, New 
Jersey, is desirous of acquiring an interest therein : Now this indenture 
witnesseth, that for and in consideration of the sum of two thousand 
dollars, to me in hand paid, the receipt of which is hereby acknowledged, 
I have assigned, sold, and set over, and do hereby assign, sell, and set 
over, unto the said David Peacock, all the right, title, and interest which 
I have in the said invention, as secured to me by said letters patent, for, 
to, and in the several States of New York, New Jersey, and Pennsylva- 
nia, and in no other place or places ; the same to be held and enjoyed by 
the said David Peacock, for his own use and behoof, and for the use and 
behoof of his legal representatives, to the full end of the term for wliich 
said letters patent are or may be granted, as fully and entirely as the same 
would have been held and enjoyed by me had this assignment and sale 
not been made. 

In testimony whereof, I hereunto set my hand and affix my seal, this 
sixteenth day of February, 1856. 

JETHRO WOOD, [seal.] 

Sealed and delivered in the presence of 
Jacob Perkins, 
Benjamin Franklin. 



58 RULES AND DIRECTIONS —PATENT OFFICE. 

Of the Office Fees, and How Payable. 

79. Nearly all the fees payable to the Patent Office are positively re- 
quired by law to be paid in advance. For the sake of uniformity and 
convenience, the remaining fees will be required to be paid in the same 
manner — that is to say, before the labor is performed for which they are 
to be received in payment. 

80. The following is the tariff of fees established by law : 

On every application for a design $15 00 

On every caveat 20 00 

On every application for a patent, if made by a citizen, or a for- 
eigner who has resided here one year and made oath of his 

intention to become a citizen 30 00 

On every application, if by a subject of Great Britain 500 00 

On every application, if by any other foreigner 300 00 

On every filing a disclaimer 10 00 

On every application for adding a new improvement 15 00 

On every application for a reissue 15 00 

On every additional patent granted on a reissue 30 00 

On every application for an extension 40 00 

On every appeal. 25 00 

On every copy of a patent, or other instrument, for every 100 

words 10 

On every copy of drawings .the cost of having it made. 

For recording every assignment of 300 words, or under 1 00 

For recording every assignment, if over 300 and not over 1,000 

words 2 00 

For recording every assignment, if over 1,000 words 3 00 

81. It is recommended that the money for. the payment of fees should 
be deposited with an assistant treasurer, or other officer authorized to re- 
ceive the same, taking his certificate and remitting the same to this office. 
When this cannot be done without much inconvenience, the money may 
be remitted by mail at the risk of the owner, and in every case the letter 
should state the exact amount enclosed. 

82. In case of deposit made with the assistant treasurers, or other per- 
sons authorized to receive public moneys, a duplicate receipt should be 
taken, stating by whom the payment was made, and for what object. The 
particular invention should be referred to, to enable the applicant to re- 
cover the twenty dollars in case of the withdrawal of the petition. 

The certificate of deposit may be made in the following form : 

Office of the . 

The Treasurer of the United States has credit at this office for 



dollars in specie, deposited by , of the town of , in the 

county of , and State of , the same being for a patent [or 

whatever the object may be] for a steam-boiler. 

AB. 

83. The following officers are authorized to receive patent fees on 
account of the Treasurer of the United States, and to give receipts or 
certificates of deposit therefor, to wit : 

Assistant Treasurer of the United States, Boston, Massachusetts. 
Assistant Treasurer of the United States, New York, New York. 



RULES AND DIRECTIONS — PATENT OFFICE. 59 

Treasurer of the Mint, Philadelphia, Pennsylvania. 

Surveyor and Inspector, Pittsburg, Pennsylvania. 

Assistant Treasurer of the United States, Charleston, South Carolina. 

Collector, Baltimore, Maryland. 

Collector, Richmond, Virginia. 

Collector, Norfolk, Virginia. 

Collector, Buffalo Creek, New York. 

Collector, "Wilmington, North Carolina. 

Collector, Savannah, Georgia. 

Collector, Mobile, Alabama. 

Treasurer Branch Mint, New Orleans, Louisiana. 

Assistant Treasurer United States, St. Louis, Missouri. 

Surveyor of the Customs, Nashville, Tennessee. 

Surveyor of the Customs, Cincinnati, Ohio. 

Receiver of Public Moneys, Little Rock, Arkansas. 

Receiver of Public Moneys, Jeffersonville, Indiana. 

Receiver of Public Moneys, Chicago, Illinois. 

Receiver of Pubhc Moneys, Detroit, Michigan. 

Collector, San Francisco, California. 

Depositary, Tallahassee, Florida. 

Any person wishing to pay a patent or other fee, may deposit it with 
either of the officers above named, and forward the receipt or certificate 
to this office as evidence thereof. Bank notes or checks cannot be re- 
ceived. 

84. All money sent by mail, either to or from the Patent Office, will be 
at the risk of the owner. In no case should money be sent enclosed with 
models. 

85. All payments to or by the office must be made in specie. 

Taking and Transmitting Testimony. 

86. In contested cases, the following rules have been established for 
taking and transmitting evidence : 

L That before the deposition of a witness or witnesses be taken by 
either party, reasonable notice shall be given to the opposite party of the 
time and place when and where such deposition or depositions will be taken ; 
so that the opposite party, either in person or by attorney, shall have full 
opportunity to cross examine the witness or witnesses. 

And such notice shall, with proof of service of the same^ be attached to 
the deposition or depositions, whether the party cross examine or not ; and 
such n6tice shall be given in sufficient time for the appearance of the oppo- 
site party, and for the transmission of the evidence to the Patent Office 
before the day of hearing. 

2. That all evidence, &c., shall be sealed and addressed to the Commis- 
sioner of Patents, by the persons before whom it shall be taken, and so 
certified thereon. 

3. That the certificate of the magistrate taking the evidence shall be 
substantially in the following form, and written upon the envelope, viz : 

" I hereby certify that the depositions of A B, C D, &c., relating to the 
matter of interference between E F, and G H, were taken, sealed up, and 
addressed to the Commissioner of Patents, by me. 

"A B, 
" Justice of the Peace" 



60 RULES AND DIRECTIONS — PATENT OFFICE, 

4, In cases of extension where no opposition is made, ex parte testi- 
mony will be received from the applicant ; and such testimony as may 
have been taken by the applicant prior to notice of opposition, shall be 
received, unless taken within thirty days after filing the petition for the 
extension. [See section 60 of these rules.] Provided^ The applicant 
shall give prompt notice to the opposing party or parties of the names and 
residences of the witnesses whose testimony has been thus taken. 

5. That no evidence touching the matter at issue will be considered u^oii 
the said day of hearing which shall not have been taken and filed in com- 
pliance with these rules : Provided^ That if either party shall be unable, 
for good and sufficient reasons, to procure the testimony of a witness or 
witnesses within the stipulated time, then it shall be the duty of said party 
to give notice of the same to the Commissioner of Patents, accompanied by 
statements, under oath^ of the cause of such inability, and of the steps which 
have been taken to procure said testimony, and of the time or times when 
efforts have been made to procure it ; which last-mentioned notice to the 
Commissioner shall be received by him previous to the day of hearing 
aforesaid. 

87. The notice for taking testimony must be served by delivering to the 
adverse party a copy. 

If he is not found, such service may be made upon his agent or at- 
torney of record, or by leaving a copy at the party's usual plaxje of resi- 
dence, with some member of the family who has arrived at the years of 
discretion. 

It must be annexed to the deposition, with a certificate, duly sworn to, 
stating the manner and time in which the service was made, 

88. The testimony must (if either party desires it) be taken in answer to 
interrogatories — having the questions and answers committed to writing in 
their regular order by the magistrate, or, under his direction, by some per- 
son not interested in the issue, or the agent or attorney of one who is. 
The deposition, when complete, must be signed by the witness. 

89. The magistrate must append to the deposition his certificate, stating 
the time and place at which it was taken, the names of the Avitnesses, the 
administration of the oath, at whose request the testimony was taken, the 
occasion upon which it is intended to be used, the names of the adverse 
parties (if any), and whether they were present. 

90. No notice will be taken, at the hearing, of any merely formal or 
technical objection, unless it may reasonably be presumed to have wrought 
a substantial injury to the party raising the objection; nor even then, un- 
less, as soon as that party became aware of the objection, he immediately 
give notice thereof to this office, and also to the opposite party, informing 
him at the same time that, unless corrected, he should urge his objection 
at the hearing. 

91. The following forms are recommended for observance in the taking 
of depositions : 

A B, being duly sworn, doth depose and say, in answer to interroga- 
tories proposed to him by C D, counsel for E F, as follows, viz : 

1. Interrogatory. "What is your name, your residence, and occupation? 
1. Answer. My name is A B ; I am a carpenter, and reside in Boston, 
Massachusetts. 



KULES AlsD DIRECTIONS — PATENT OFFICE. 61 

And in answer to cross interrogatories proposed to him by G H, counsel 
for I K, as follows, viz 



1. Cross interrogatory J &c. 
State of New York, ] 



(Signed) A B. 



Rensselaer County, | 

At Troy, in said county, on the day of , A. D. 1856, 

before me personally appeared the above named A B, and made oath that 
the foregoing deposition, by him subscribed, contains the whole truth, and 
nothing but the truth. 

Tlie said deposition is taken at the request of E F, to be used upon the 
hearing of an interference between the claims of the said E P and those 
of I K, before the Commissioner of Patents of the United States, at his 
oflBce, on the day of next. The said I K was duly noti- 
fied, as appears by the original notice hereto annexed, and attended by 
G H, his counsel. 

Certified by me, L M, 

Justice of the Peace. 

The magistrate must then seal up the deposition when completed, and 
endorse upon the envelope a certificate, according to the form prescribed 
in section 86, and sign it. 

Rules of Correspondence. 

92. All correspondence must be in the name of the Commissioner 
of Patents ; and all letters and other communications intended for the 
office must be addressed to him. If addressed to any of the other officers 
they will not be noticed, unless it should be seen that the mistake was 
owing to inadvertence. 

93. "When an agent has filed his power of attorney, duly executed^ the 
correspondence will,, in ordinary cases, be held w4th him only. A double 
correspondence with him and his principal^ if generally allowed,, would 
largely enhance the labor of the office. For the same reason, the assignee 
of the entire interest in an invention is alone entitled to hold correspondence 
with the office, to the exclusion of the inventor. If the principal becomes 
dissatisfied, he must revoke his power of attorney, and notify the office, 
which will then communicate with him. 

94. All communications to and from the Commissioner upon official 
business are carried in the mail free of postage. 

Of the Filing and Preservation of Papers. 

95. All claims and specifications filed in this office (including amend- 
ments) must be written in a fair, legible hand, without interlineations or 
erasures, except such as are clearly stated in a marginal or foot note writ- 
ten on the same sheet of paper. 

96. Every paper filed in the office must be endorsed in such a manner 
as to show its general character on the outside. It must also show the 
exact date on which it was filed. But where several papers which were 
all filed at one and the same time are permanently fastened together, one 
"filing" for the whole will be sufficient. 

Letters going on files of any particular case must, in addition to the 
filing above directed, be endorsed with the name of the writer and the date 



62 RULES AND DIRECTIONS — PATENT OFFICE. 

when written. [The above rule is intended for the guidance of the em- 
ployes in this office alone.] 

97. All papers thus "filed" will be regarded as permanent records of 
the office, and must never, on any account, be changed, further than to 
correct mere clerical mistakes. 

Of Amendments. 

98. All amendments of specifications or claims must be made on sepa- 
rate sheets of papier from the original, and must be filed in the manner above 
directed. 

"When amendments are required, the papers themselves are generally 
returned to the applicant ; but it is only to enable him to make those 
amendments so as to be in harmony with the context. Even when the 
amendment consists in striking out a portion of the specification or other 
paper, the same course should be observed. No erasure must be made. 
The papers must remain for ever just as they were when filed, so that 
a true history of all that has been done in the case may be gathered from 
them. 

99. The following are given as specimens of the forms proper to be ob- 
served In such cases : 

" I hereby amend my specification by inserting the following words after 

the word in the line of the P^g© thereof," [here should 

follow the words that are to be inserted ;] or, "I hereby amend my speci- 
fication by striking out the line of the P^-g^ thereof," or, "by 

striking out the first and fourth claims appended thereto," or whatever 
may be the amendment desired by the applicant. 

100. The forms of other amendments will readily suggest themselves. 
In each case the exact words to be struck out or inserted should be clearly 
described, and the precise point where any insertion is to be made. 

101. Where papers are returned to the applicant for amendment, the 
original papers must in all cases be returned to the office for preservation, 
together with the amendments. 

102. In some cases amendments will be permitted to be made by writing 
out the entire paper anew ; but even when this is done, the original paper 
must be returned and preserved. 

103. No paper will be allowed to be taken from this office unless re- 
ceipted for, or unless a written request be filed by the party entitled to 
control the case, nor until all interlineations and erasures are clearly noted 
on the paper in such a manner as to prevent the possibility of any change 
being made without the certainty of immediate detection. 

104. The practice which has been sometimes pursued of placing the 
affidavit of the applicant on one piece of paper, and the signature to the 
specification on another, so that both may be detached and applied to other 
papers, will be looked upon with suspicion, and any such substitution will 
be carefully guarded against. 

No such specifications will be received unless attached together by a 
tape, both the ends of which are secured by the seal of the officer who ad- 
ministered the oath, or unless that officer at least has subscribed his name 
upon each separate sheet of paper, so as to show that the specification pre- 
sented is the same that was subscribed and sworn to. 



RULES AND DIRECTIONS — PATENT OFFICE. 63 

Rules for Reconsiderations. 

The following rules will be strictly observed, except when, for cause 
shown, in special cases, a modification shall be allowed bj the Commis- 
sioner : 

105. Upon the rejection of an application for a patent for the want of 
novelty, the applicant will be furnished with references to the cases on 
which the rejection was made, with a brief explanation of the cause of 
rejection. If he desires a copy of the cases so referred to, or of the plates 
or drawings connected with them, these will be forwarded to him on pay- 
ment of the cost of making such copies. 

Previous to the second examination of any case which has been once 
rejected, the seventh section of the act of 1856 requires the applicant to 
renew, in substance, the oath originally filed with his specification. After 
thus applying for a second examination, no withdrawal of any part of the 
fee paid is authorized. 

But the applicant, without renewing his oath, or forfeiting his right to 
withdrawal, may come before the proper examiner, between two and three 
o'clock P. M., on any Monday, Wednesday, or Friday of the week, and 
may then point out any mistake or oversight on the part of the office, 
which will be cheerfully corrected ; but if the alleged error of which he 
complains, is, in the judgment of the examiner, upon the merits of the ap- 
plication, and can only be made apparent by a reexamination of the case, 
the applicant cannot be heard to insist upon its correction, without a re- 
newal of the oath of invention. 

Should there be a second rejection after a reexammation, as provided 
for in the second clause hereof, the applicant may in person, or by his 
agent, or in writing, as above contemplated, bring the matter before the 
Commissioner, who will, if possible, examine the case in person. But 
should he not be sufficiently at leisure, it will be referred to a board of 
examiners. The decision attained in either of these modes will be final, 
so far as the action of this office is concerned. The only remaining remedy 
will be by appeal in those cases allowed by law. 

The above rules will be strictly observed, except where, for cause shown, 
in peculiar cases, a modification shall be allowed by the Commissioner. 

Of giving or withholding Information. 

106. Aside from the caveats, which are required by law to be kept 
secret, all pending applications are, as far as practicable, preserved in like 
secrecy. No information will therefore be given to those inquiring 
whether any particular patent is before the office, or whether any par- 
ticular person has applied for a patent. 

107. But information is given in relation to any case after a patent has 
issued, or after a patent has been refused, and the further prosecution of 
the application is abandoned. 

The models in such cases are so placed as to be subject to general in- 
spection ; the specifications and drawings in any particular case can be 
seen by any one having particular occasion to examine them, and copies 
thereof, as well as of patents granted, will be furnished to any one willing 
to pay the bare expense of making them. Copies will be made on parch- 
ment at the request of the applicant, upon his paying the additional cost. 



64 EULES AKD DIRECTIONS — PATENT OFFICE. 

108. Even after a case is rejected, the application is regarded as pending 
until after the decision of an appeal thereon, or until after the party has 
withdrawn the case from the further consideration of the office ; but if a 
party whose application has been rejected, allows the matter to rest for 
two vears without taking any further steps therein, he will be regarded 
as having abandoned his application, so far at least that it will no longer 
be protected by any rule of secrecy. And in all cases where the specifi- 
cation is withdrawn from the office and retained by the applicant or his 
agent for six months or upwards, the like abandonment will be presumed. 

The specification, drawings, and model, will then be subject to inspection 
in the same manner as those of patented or withdrawn applications. 

109. Information in relation to pending cases is given so far as it be- 
comes necessary in conducting the business of the office, but no further. 
Thus, when an interference is declared between two pending applications, 
each of the contestants is entitled to a knowledge of so much of his an- 
tagonist's case as to enable him to conduct his own understandingly. 

And where the rejection of an application is founded upon another case 
previously rejected, but not withdrawn or abandoned, the rejected applicant 
will be furnished with all information in relation to the previously rejected 
case which is necessary for the proper understanding and management of 
his own. 

110. When an applicant claims a certain device, and the same device 
is found described but not claimed in another pending application which 
was previously filed, information of the filing of such second application 
is always given to the prior applicant, with a suggestion that if he desires 
to claim a patent for that device, he should forthwith modify his specifi- 
cation accordingly. 

111. But where the application which thus describes a device without 
claiming it is subsequent in date to that wherein such device is claimed, the 
general rnle is, that no notice of the claim in the previous application is 
given to the subsequent applicant. But where there are any special reasons 
to doubt whether the prior applicant is really the inventor of the device 
claimed, or where there are any other peculiar and sufficient reasons for 
departing from the rule above stated, the ofiice reserves to itself the right 
of so doing without its being regarded as a departure from the established 
rule. 

112. The office cannot respond to inquiries as to the novelty of an al- 
leged invention, in advance of an application for a patent, in manner pointed 
out in this pamphlet, (see section 23,) for obvious reasons; nor to inquiries 
founded upon brief and imperfect descriptions propounded with a view of 
ascertaining whether such alleged improvements have been patented, and 
if so, to whom; nor can it act as an expounder of the patent law, or as 
counsellor for individuals, except as to questions arising within the office. 

113. All business with the office should be transacted in writing. Un- 
less by the consent of all parties, the action of the office will be predicated 
exclusively on the written record. No attention will be paid to any al- 
leged verbal promise or understanding, in relation to which there is any 
disao-reement or doubt. 

Patent Office, March 16, 1859. 



ADVICE TO INVENTORS. 



BY 

MESSRS. MUNN & CO., 

PATENT SOLICITORS, 
SCIENTIFIC AMERICAN OFFICE, NE\Y YORK AND WASHINGTON. 



When an individual has made an invention, the first inquiry that natu- 
rally suggests itself is, " Can I obtain a Patent f " A positive answer to 
this question is only to be had by presenting a formal application for a 
patent to the Government, embracing a petition, specification, model, 
duplicate drawings, and the payment of the prescribed official fees. Aside 
from these steps, all that the inventor can do is, to submit his plans to per- 
sons experienced in the business of obtaining patents, and solicit their 
opinions and advice. If the parties consulted are honorable men, the in- 
ventor may safely confide his ideas to them, and they will inform him 
whether or not his inyention is probably patentable. 

Those who have made inventions, and desire to consult with us respect- 
ing the same, are- cordially invited to do so. We shall be happy to see 
them in person at our office, or to advise them by mail, or through the 
Scientific American. In aU cases they may expect from us an honest 
opinion. For these consultations, opinion, and advice, we make no charge. 
A pen-and-ink sketch, and a description of the invention should be sent, 
together with a stamp for return postage. Write plain ; do not use pencil 
nor pale ink ; be brief. 

Remember that all business committed to our care and all consultations 
are kept by us secret and strictly confidential. 

Preliminary Examinations. 

In many cases it will be advisable, as a measure of prudence, to order 
a Preliminary Examination. This consists of a special search^ made at 
the U. S. Patent Office, Washington, through the medium of our liouse in 
that city, to ascertain whether, among all the thousands of patents and 
models there stored, any invention can be found which is similar in char- 
acter to that of the applicant. On the completion of this special search 
we send a ivritten report of the result to the party concerned, with suitable 
advice. Our charge for this service, inchiding the report, is $5. Tliis 
search, tliough it involves the expense just named, will usually prove by 
far the most satisfactory. If the same device has been before patented, 
the time and expense of constructing models, preparing documents, &c., 
5 



^6 ADVICE TO INVENTORS. 

will, in most cases, be saved ; if the invention has been in part patented, 
the applicant will be enabled to modify his claims and expectations accord- 
ingly. Many other obvious advantages attend the Preliminary Examina- 
tion; although the strictest search does not always enable the applicant to 
know positively whether a patent can be had. Applications for patents 
are often rejected because the examining officer finds a description of the 
alleged invention in some foreign publication ; or some other person has 
been previously rejected on an analogous device ; or the G-overnment makes 
an unjust or uncommon decision. Against none of these contingencies 
does the Preliminary Examination provide ; it will, however, generally in- 
form the applicant whether an improvement similar to his, and used for the 
same purpose, has ever been patented or not in this country. 

Parties desiring the Preliminary Examination are requested to remit the 
fee, ($5,) and furnish us with a sketch and description of their invention. 

Expense of Applying for a Patent; Rejections, &c., &c. 

The Government fee for a patent is, in all cases, except for foreigners, 
$30 ; foreigners who have resided in the United States for one year, and 
have made oath that they intend to become citizens, are also charged only 
$30. The Government fee to a British subject is $500; to all other for- 
eigners it is but $300. The payment of these fees cannot be avoided by 
the foreign inventor assigning his invention to an American citizen. The 
inventor must always make application for the patent in his own name, 
but can have it issued to assignees by executing at the time of the appli- 
cation a proper assignment. 

"When a machine or invention is made by two parties, one being a citi- 
zen of the United States and the other a subject of some foreign country, 
that amount of government fee will be demanded which would be required 
in case both were foreigners ; for instance, if one is a citizen of the United 
States, and the other a subject of the British Crown, the whole fee would 
be $500. 

To the foregoing official fees must be added the attorney's fees for pre- 
paring the various documents and drawings. Our charge for preparing a 
case^ presenting it to Government^ and attending to all business connected with 
it, until a decision is given, is generally $25 ; but the charge is higher if 
unusual labor is involved. If the patent is granted, no further expense 
ensues. If the application is rejected, we cause a thorough investigation to 
he made, at Washington, into the reasons presented by the Commissioner 
for refusing the patent. In making this examination we have access to 
all the drawings, models, books, and specifications cited in reference, and 
we report the result as early as possible to our client. For this service we 
make no charge. If the rejection proves to be an unjust one — which some- 
times happens — it can generally be reversed, and the patent obtained by 
further prosecution. For this prosecution we charge a fee proportionate 
to the extra labor involved, payable on the issue of the Patent ; but our 
demand will be reasonable and satisfactory to our clients, and will be ar- 
ranged beforehand by special agreement. 

AViTHDRAWALS : — On rejection, the apphcant is entitled to withdraw 
two-thirds of the fee from the Patent Office, if he elects to do so in prefer- 
ence to having his case prosecuted further. 

General Remarks. — For the information of applicants, we would state 
that some agents are in the habit of charging for the preparation of the 



ADVICE TO INVENTORS. 67 

case, and having no further facihties decline all investigation or prosecution 
when rejected. Others, also, having no facilities of their own, advise their 
clients to go to the expense of procuring official copies of the drawings and 
specifications of all the references. Again, others are in the habit of 
charging a high price at the outset, in which they include the cost of pros- 
ecuting the case, if bj them deemed necessary. Under this system, if 
the patent issues, or is justly rejected, no further prosecution is needed ; 
but the inventor has paid full price for a service not wanted and never 
rendered. 

Our object in making the above statement is, not to reflect upon the 
manner in which other agents conduct their affairs, but simply to have our 
own method of doing business clearly understood. 

The system adopted by us works well, gives general satisfaction, and 
presents to all applicants, rich or poor, an equal opportunity of having their 
patent cases prepared, conducted, and prosecuted in the best manner^ bv ex- 
perienced attorneys, upon the most moderate terms. Inventors who have 
REJECTED CASES prepared either by themselves or for them by other agents, 
and desire to ascertain their prospects of success by further effort, are in- 
vited to avail themselves of our unequalled facilities in securing favorable 
results in such cases. We have been successful in securing Letters Patent 
in HUNDREDS OF SUCH CASES. Our tcrms for such services are very mod- 
erate, and the fee is contingent upon success after the case has been thor- 
oughly examined by us, and the cost agreed upon before any extra expense 
is incurred. 

Models, Remittances, &c. 

The law requires that the inventor shall, in all cases, furnish a model, 
which must not exceed twelve inches in any of its dimensions. It should 
be neatly made of hard wood or metal, or both, and varnished or painted ; the 
name of the inventor should be engraved or painted upon it conspicuously. 
Where the invention consists of an improvement on some known machine, 
a full working model of the whole will not be necessary. It sliould be 
sufficiently perfect, however, to show, with clearness, the nature and ope- 
ration of the invention. The proportion of parts, or scale on which a model 
is made, is a matter of no importance. 

As seon as the model is ready, it should be carefully boxed and shipped 
by express, or otherwise, to our address, viz: Munn & Co., No. 37 Park 
Row, New York City. Prepay the expense, and send express receipt to 
us by mail. 

Simultaneously with the model, the inventor should also send us the 
amount of the G-overnment fee — thirty dollars. The money may be for- 
warded either by express, with the model, or by mail. The safest wav to 
remit is by draft on New York, payable to our order. Always send a 
letter with the model, and also with the remittance, stating tlie nam^^ and 
address of the sender. We sometimes receive envelopes, containing money, 
but without any name or explanation ; models are also frequently sent us, 
from equally unknown sources. * 

A full written description should also be sent with the model, embody- 
ing all the ideas of the inventor respecting the improvement. 

On the reception of the model and Government fee, the case is duly 
registered • upon our books, and the application procoeded with as fast as 
possible. When the documents are ready, we send them to the inventor 



68 ADVICE TO INVENTOES. 

bj mail, for his examination, signature, and affidavit, witli a letter of 
instruction, &c. Our fee for preparing the case is then due, and will be 
called for. 

The average time required to procure a patent, when the case is con- 
ducted at our agency, is six weeks. We frequently get them through in 
less time ; but in other cases, owing to delay on the part of the officials, 
the period is sometimes extended to two or three months, and even more. 
We make a special point to forward our cases as rapidly as possible. 

Inventors who do business with us will be notified of the state of their 
application in the Patent Office, when it is possible for us to do so. "We 
do not require the personal attendance of the inventor, unless the inven- 
tion is one of great complication ; the business can as well be done by 
correspondence. 

When the invention consists of a new article of manufacture, or a new 
composition, samples of the separate ingredients sufficient for the purpose 
of experiment, and also of the manufactured article itself, must be 
furnished. 

G-oing to Washington in person. 

Some inventors suppose, very naturally, that if personally present in 
Washington, they can get their cases through more expeditiously, or com- 
mand other facilities which they cannot enjoy by mere correspondence 
through an agency like ours. But this is not so. No inventor can possi- 
bly have facilities or influence superior to our own ; for more than one-third 
of the entire business of the Patent Office passes through our hands, and 
we have a branch house on the spot, charged with the especial duty of 
watching over and pressing forward the interests of our clients. The 
Patent Office does not prepare or amend imperfect patent papers, or build 
models. These must be provided by the applicant or his attorney, accord- 
ing to law, otherwise his claim will not be considered. For the convenience 
of those who visit Washington in person, however, we would state that 
they can have all their patent business promptly attended to, by calling at 
our Branch Scientific American Office, corner of 7th and F streets, 
opposite the Patent Office. 

Infringements. 

The manufacture, sale, or use, of a patented article, without the consent of 
the owner of the patent, is an infringement, and subjects the infringer, by 
injunction from the Court, to an arrest of or prohibition from the employ- 
ment of his machinery, shop works, factory, and men, in the production of 
the article. In addition to injunction, the infringer is liable to be mulcted 
in treble the amount of damages awarded by the jury. The maker, the 
workman, the seller, and the purchaser if a user, are all liable, either col- 
lectively or individually. 

The use of a patented device is sometimes an infringement upon a prior 
patent. 

Jn view of these facts, parties who hold or are working under patents 
should seek the earliest and best advice, whenever the question of infringe- 
ment arises. Many persons are " penny wise and pound foolish " in such 
matters. Reluctant in the beginning to expend the small amount needed 
to employ a reliable counsellor to investigate the matter and show them 
exactly where they stand, some will rush headlong into the most serious 



ADVICE TO INVENTORS. 69 

difficulties ; others will suffer themselves to be pecuniarily wronged ; while 
still others will allow their rights to be infringed upon without offering any 
resistance. 

The mere comparison of the claims of one patentee with those of another 
is in general of but little value in judging of infringments. A most careful 
examination of all collateral patents is usually requisite. 

Having access to all the patents, models, public records, drawings, and 
other documents pertaining to the Patent Office, we are perpared to make 
examinations, and give opinions upon all infringement questions, advice 
as to the scope and ground covered by patents, and direct with vigor any 
legal proceedings therewith connected. Our charges will be moderate, and 
proportionate to the labor involved. 

Address all letters of inquiry to Munn & Co., 37 Park Row, New York. 

Interference. 

If an inventor happens to apply for a patent when another application 
for a similar device is pending at the Patent Office, the two cases are de- 
clared by the Commissioner to "interfere," and each party is notified to 
present evidence as to the date when he first invented the thing. He who 
proves the priority of invention receives the patent, and the other applicant 
is rejected. 

Even after a patent has been granted, another inventor may come for- 
ward and apply for a patent for the same device; and, if he can prove 
priority of invention, the Commissioner will issue a patent to him. The 
Commissioner has no power to cancel the first patent ; but under our laws 
a patent granted to him who was not the first inventor is invalid^ and 
therefore worthless. 

Although the main thing to be proved in interferences is the date of in- 
vention, still there are a variety of legal points which enter into every 
ease, that require a knowledge of the patent laws and skill in the applica- 
tion of that knowledge. The filing of a caveat is not, as many suppose, 
conclusive evidence of priority. The verbal suggestion of a crude idea, 
the making of an incomplete or inoperative model, the performance of ex- 
periments, the marking of sketches, are not, of themselves, conclusive evi- 
dence of priority. 

As a general observation it may be remarked that " in a race of dili- 
gence he is the inventor who first reduces the thing to actual practice." 
Again, he is the prior inventor who first communicates the new tiling, so 
that no further exercise of inventive power is necessary ; or so that any 
person skilled in the art can readily make or apply the improvement. 

The taking of evidence in interference cases is a sort of private inquest. 
It is not necessarily a Court proceeding. Subpoenas cannot be issued nor 
compulsory process employed to cause parties to testify. The witnesses 
may be sworn before a Justice of the Peace, Notary, or other person em- 
powered to. administer oaths. Each party must notify the other of the time 
and place when and where he proposes to examine his witnesses, so that 
the opponent may have opportunity to cross-examine. The evidence nnist 
be taken down by the magistrate, or under his direction, and by him sealed 
up and addressed to the Commissioner of Patents. Models, drawings, 
machines, specimens, and exhibits of any kind may be put in evidence. 
The Commissioner fixes a certain day for the hearing of the case, prior to 
which the contestants may file arguments upon the merits. 



70 ADVICE TO INVENTORS. 

The management of interferences forms a part of the Scientific American 
patent business. Our terms for attention to interferences are moderate, 
and dependent upon the time required. Address all letters to MuNN & Co., 
No. 37 Park Row, New York. 

Appeals. 

The law provides for an Appeal from the decisions of the Commissioner 
of Patents to the U. S. Court of the District of Columbia. These Appeals 
are heard by any one of the Judges before whom the applicant elects to 
bring the case. No jury. All the papers, models, &c., are sent by the 
Commissioner to the Ju-dge, who then reviews the case, and eithel" sustains 
or reverses the Commissioner's decision. The party taking the appeal 
pays an official fee of $25. The Judge appoints a day of hearing. The 
applicant can appear in person or by counsel to state his case and file a 
written argument. Five days are allowed the opponent to put in an 
answer, and a similar period to the appellant for a closing reply. 

Many important cases are brought before the Judges on Appeal, and 
the decisions of the Commissioner are not unfrequently reversed. We 
have had successful experience in conducting these appeals, and our ser- 
vices can be retained on moderate terms. 

General Remarks. 

Messrs. Munn & Co. have been personally familiar with the progress 
of invention and discovery during sixteen years. As an evidence of the 
confidence reposed in their ability and integrity, they may with propriety 
refer to the extraordinary fact that over THREE THOUSAND 
PATENTS have been issued to their clients in the brief space of only 
TWO YEARS ; and during the same period they have examined, 
through their efficient branch office in Washington, into the novelty of 
over four thousand inventions^ thus affording to them a knowledge of the 
contents of the Patent Office unrivalled by any existing agency. Not only 
this, but more than three-fourths of all the patents secured by American 
citizens in European countries are taken through MUNN & CO.'S 
AGENCIES IN LONDON, PARIS, BRUSSELS, BERLIN, AND 
YIENNA. 

The convenient proximity of our Washington House to the Patent 
Office gives us rare facilities for the examination of all the official records, 
models, drawings, specifications, documents, &c. We can promptly fur- 
nish copies of any patent, assignment, &c. Searches made as to the sale 
or transfer of rights. Assignments prepared, &c. 

In addition to the advantages which the long experience and great suc- 
cess of our firm in obtaining patents present to inventors, they are informed 
that all inventions patented through our establishment are noticed, at the 
projjer time, in the Scientific American. This paper is read by more 
than 100,000 persons every week, and has the most extensive and influ- 
ential circulation of all the journals of its kind in the world. 

We make these statements in order that parties who come to us for aid 
and information may feel, at the outset, that they are applying to men who 
are reliable, skilful, and successful in the business. 

Testimonials. 

No individual in the country can possibly have so good an opportunity 



ADVICE TO INVENTORS. 71 

of knowing and judging as to the extent of business and the quahfication 
of patent attorn-eys as the 'Commissioner of Patents. This officer is charged 
with the entire administration of the U. S. Patent Office. All its records 
are under his keeping and supervision ; all correspondence is signed by 
him ; and all patents issued are laid before him for signature. A certificate 
from a source so high and authentic cannot fail to command general re- 
spect and attention. Judge Mason, upon retiring from the office of 
Commissioner of Patents, sent us the following flattering written testi- 
monial : 

Messrs. Munn & Co. : — I take pleasure in stating that while I held the 
office of Commissioner of Patents, more than one-fourtji of all the 

BUSINESS OF THE OFFICE CAME THROUGH YOUR HANDS. I have nO doubt 

that the public confidence thus indicated has been fully deserved, as I 
have always observed, in all your intercourse with the office, a marked de- 
gree of promptness, skill, and fidelity to the interests of your employers. 

Yours, very truly, 

CHAS. MASON. 

Judge Mason was succeeded by Hon. Joseph Holt, one of the most 
accomplished lawyers in the country, and whose administration of the 
Patent Office was so distinguished that, upon the death of Gov. Brown, he 
was appointed to the office of Postmaster General of the United States. 
Soon after entering upon his new duties in March last, he addressed us the 
following very gratifying letter: 

Messrs. Munn & Co. : — It affords me much pleasure to bear testimony 
to the able and efficient manner in which you discharged your duties as 
Solicitors of Patents, while I had the honor of holding the office of Com- 
missioner, Your business was very large, and you sustained (and I doubt 
not justly deserved) the reputation of energy, marked ability, and uncom- 
promising fidelity in performing your professional engagements. 
Very respectfully, your obedient servant, 

J. HOLT. 

Upon the resignation of Mr. Holt, Hon. William D. Bishop was ap- 
pointed to the office of Commissioner of Patents. Upon his resignation, 
we received from him the following: letter : 



'G 



Messrs. Munn & Co. : — Gentlemen : It gives me much pleasure to say 
that, during the time of my holding the office of Commissioner of Patents, 
a very large proportion of the business of inventors before the Patent 
Office was transacted through you agency, and that I have ever found 
you faithful and devoted to the interests of your clients, as well as eminently 
qualified to perform the duties of Patent Attorneys with skill and accuracy. 
Very respectfully, your obedient servant, 

WM. D. BISHOP. 

One great reason for our unrivalled success is, that our affairs are so sys- 
tematized and arranged, under our personal direction, tliat every patent 
case submitted to our care receives tlie most careful study during its prep- 
aration, the most prompt despatch when all tlie patent papers are com- 
pleted, and the most thorough attention at every stage of its subsequent 
progress. 



72 ADVICE TO INVENTOES. 

Caution to Inventors. 

Messrs, MUNN & CO. wish it to be distinctly understood that they 
neither buy nor sell patents. They regard it as inconsistent with a proper 
management of the interests and claims of inventors, to participate in the 
least apparent speculation in the rights of patentees. They would also 
advise patentees to be extremely cautious into whose hands they entrust 
the power to dispose of their inventions. Nearly fifteen years' observation 
has convinced us that the selling of patents cannot" be conducted by the 
same parties who solicit them for others without causing distrust. 

Business conducted Confidentially. 

"We would inform inventors that their communications are treated with 
the utmost confidence, and that the secrets of inventors confided to us are 
never divulged, without an order from the inventor or his acknowledged 
representative. 

Searches of the Records. 

Having access to all the official records at "Washington, pertaining to 
the sale and transfer of patents, we are at all times ready to make ex- 
aminations as to titles, ownership, or assignments of patents. Fees 
moderate. 

We employ, to assist us, the most experienced corps of examiners, 
specification writers, and draughstmen, that can be found. We have a 
branch house at "Washington, supervised by one of our partners, and lo- 
cated directly opposite to the Patent Office, for the especial purpose of 
attending to the interests of our clients, making searches, examinations, &c. 
In short, Ave believe that no other concern can present so great an array 
of talent, business facilities, influence, and practical experience, as that 
which we throw open to the service of our clients. 

All communications should be addressed to MUNN & CO., No, 37 
Park Row, New York city. 



INSTRUCTIONS HOW TO SECURE 





WITH A SYNOPSIS OF THE 

PATENT LAWS OF YARIOUS COUNTlilES, 

BY 

m:xj]V]v *fe oo., 

PUBLISHERS OF THE SCIENTIFIC AMERICAN, 

AM) 

SOLICITORS OF AMERICAN AND FOREIGN PATENTS. 



American Inventors should bear in mind that, as a general rule, any 
invention which is valuable to the patentee in this country, is worth equally 
as much in England, and some other foreign countries. Four patents — 
American, English, French, and Belgian — will secure an inventor exclusive 
monopoly to his discovery among one hundred millions of the most intelli- 
gent people in the world. The facihties of business and steam communi- 
cation are such, that patents can be obtained abroad by our citizens almost 
as easily as at hofne. The majority of all patents taken out by Americans 
in foreign countries are obtained through the Scientific American 
Patent Agency. Having established agencies at all the principal Euro- 
pean seats of Government, we obtain patents in Great Britain, France, 
Belgium, Prussia, Austria, Spain, &c., with promptness and despatch. 

It is generally much better to apply for foreign patents simultaneously 
with the application here ; or if this cannot be conveniently done, as little 
time as possible should be lost after the patent is issued, as the laws in 
some foreign countries allow patents to any one who first makes the appli- 
cation, and in this way many inventors are deprived of valid patents for 
their own inventions. Many valuable inventions are yearly introduced 
into Europe from the United States, by parties ever on the alert to pick 
up whatever they can lay their hands upon, which may seem useful. 

Models are not required in any European country, but the utmost care 
and experience are necessary in the preparation of the specifications and 
drawings. 

When parties intend to take out foreign patents, engravings should not 
be published until the foreign applications have been made. 

Caution. — It has become a somewhat common practice for agonts lo- 
cated in England to send out circulars soliciting the patronage of American 
inventors ; we caution the latter against heeding such applications, or they 
may otherwise fall into the hands of irresponsible parties, and thus be de- 



74 HOW TO SECURE EUROPEAN PATENTS. 

frauded of their rights. It is much safer for inventors to entrust their 
cases to the care of a competent, reliable agent at home. 

While it is true of most European countries that the system of exami- 
nation is not so rigid as that practised in this country, yet it is vastly impor- 
tant that inventors should have their papers prepared only by the most 
competent solicitors, in order that they may stand the test of a searching 
legal examination ; as it is a common practice, when a patentee finds a 
purchaser for his invention, for the latter to cause such examination to be 
made before he will accept the title, ' 

It is also very unsafe to entrust a useful invention to any other than a 
solicitor of known integrity and ability. Inventors should beware of 
speculators, whether in the guise of Patent Agents or Patent Brokers, as 
they cannot ordinarily be trusted with valuable inventions. 

Messrs. Munn & Co. have been established fifteen years as American 
and Foreign Patent Attorneys, and publishers of the Scientific American, 
and during this time they have been entrusted with some of the most im- 
portant inventions of the age ; and it is a matter of pardonable pride in 
them to state, that not a single case can be adduced in which they have 
ever betrayed the important trust committed to their care. Their agents 
in London, Paris, and other Continental cities are among the oldest and 
most reliable Patent Solicitors in Europe, and they will have no connec- 
tion with any other. 

Cost of Procuring Foreign Patents. 

The costs of procuring foreign patents cannot be the same in every case, 
as in some instances, when the inventions are of a complicated character, 
we are obliged to charge a higher fee. Applicants can always depend, how- 
ever, upon our best terms. 

Parties desiring to consult with us in reference to the expense of foreign 
patents, or upon any other question relating to business of this character, 
can do so either personally or by letter in the most confidential manner. 



SYNOPSIS OF THE LAWS. 

GREAT BRITAIN. 

Patents for inventions under the ' new law, as amended by the Act of 
October 1st, 1852, and now in operation, include the United Kingdom 
of Great Britain and Ireland in one grant, which confers the exclusive 
right to make, use, exercise, or vend. This is conceded to the inventor, 
or the introducer, for a period of fourteen years, subject, after the patent 
is granted, and the first expenses paid, to a government tax twice during 
its existence — the first prior to the expiration of three years from the date 
of the patent, and the second within seven years. The purchaser of a 
patent assumes the payment of these taxes. 

There is no provision in the English law requiring that a patented in- 
vention shall be introduced into public use within any specified limit. Un- 
der the Patent Act of October, 1852, the British Government relinquished 
its right to grant patents to any of its colonies, each colony being permitted 
to regulate its own patent system. If a patent has been previously taken 
out in a foreign country, the British patent will expire with it. 



HOW TO SECURE EUROPEAN PATENTS. 75 

FRANCE. 

Patents in France are granted for a term of fifteen years, unless the in- 
vention has been previously secured by patent in some other country; 
in such case it must take date with and expire with the previous patent. 
After the patent is issued, the French Government requires the payment 
of a small tax each year so long as the patent is kept alive, and two years' 
time is given to put the invention patented into practice. 

It should be borne in mind, that although the French law does not re- 
quire that the applicant should make oath to his papers, yet if a patent 
should be obtained by any person other than the inventor, upon proof 
being adduced to this effect before the proper tribunal, the patent would 
be declared illegal. 

BELGIUM. 

Patents in Belgium are granted for twenty years, or if previously patented 
in another country, they expire with the date thereof. The working of 
the invention must take place within one year from the date of patent, but 
an extension for an additional year may be obtained on application to the 
proper authorities. Inventors only are legally entitled to take out patents. 

THE NITHERLANDS. 

Patents are granted by the Royal Institute of the Netherlands to natives 
or foreigners represented by a resident subject, which extend to a period 
of about two years, within which time the invention must be brought into 
use; and, upon the payment of about $250, a patent will be granted to 
complete its whole term of fifteen years. Unless these conditions are com- 
phed with, the patent ceases. 

PRUSSrA. 

Applications for patents in Prussia are examined by the Royal Poly- 
technic Commission, and, unless there is novelty in the invention, the ap- 
plicant's petition will be denied ; and if it is granted, the invention must be 
worked within six months afterwards. A respite, however, of six ad- 
ditional months may be obtained if good and sufficient reasons for it can 
be shown. 

AUSTRIA. 

Austrian patents are granted for a period of fifteen years, upon the pay- 
ment of one thousand florins, or about $500 in American currency. iDhis 
sum, however, is not all required to be paid in advance. It is usual to pay 
the tax for the first five years upon the deposit of the papers ; and the 
patent must be worked within its first year. The Emperor can extend 
the patent and privilege of working by special grant. In order to obtain 
a patent in Austria, an authenticated copy of the original Letters Patent 
must be produced. 

SPAIN AND CUBA. 

The duration of a Spanish patent of importation is five years, and can be 
prolonged to ten years ; and the invention is to be worked witliin, and 
then not to be interrupted for, one year and one day. The Spanish Gov- 
ernment will grant a patent for Cuba upon special application to tlie liome 
government, at Madrid, or it may be procured from the proper authorities 
at Havana; in either case it constitutes a separate issue and requires 
separate charges. 



76 HOW TO SECURE EUROPEAN PATENTS. 

RUSSIA. 

Since the close of the Crimean war much attention has been given to 
Russian patents by Americans. Russia is a country rich in mineral and 
agricultural products, and there seems to be a field open for certain kinds 
of improvements- The present Emperor is very liberally disposed towards 
inventors ; and as an evidence of the interest which he takes in the prog- 
ress of mechanic arts, we may state that we have had visits from two 
distinguished Russian savans, specially sent out by the Emperor to examine 
American inventions. As Russian patents are expensive, and somewhat 
difficult to obtain, we do not take it upon ourselves to advise applications ; 
inventors must judge for themselves ; — and this remark applies not only to 
Russia, but also to all other foreign countries. 

CANADA. 

Patents of invention are granted only to actual residents of Canada, and 
British subjects. Under the general patent law of Canada, an American 
cannot procure a patent for his invention there. The only way in which 
he can do so is by virtue of a special act of parliament, which is difficult, 
uncertain, and expensive to obtain. 

At the time of putting this pamphlet to press, a bill was before the Ca- 
nadian Parliament with some prospect that it would become a law. Our 
arrangements for securing Canadian patents will be complete whenever 
the bill is passed. 

BRITISH INDIA. 

The date of the law, February 28, 1856. Duration of a patent, fourteen 
years. Invention must be worked within two years from date of petition. 
Privilege granted only to the original inventor or his authorized agent in 
India. 

SAXONY. 

Duration of a patent, from five to ten years. Invention must be worked 
within one year from date of grant. Careful examination made before 
granting a patent. 

HANOVER. 

Duration of a patent, ten years ; and in case of a foreign patent having 
been previously obtained, an authenticated copy of said patent must be 
produced. Invention must be worked within six months from date of grant. 

Annuities. — Persons holding foreign patents secured through our 
agency can have the annuities paid through us. "W^e are obliged to exact 
a small fee for attending to these payments, in order to meet expenses of 
transportation, agency charges on the other side, and for exchange of 
money, but the charge is but trifling for such service. 

IMCrjN'JSr & CO., 
37 PARK EOW, AND 145 NASSAU STEEET, NEW YORK. 



INTEI^ESTING ITEMS OE USEFUL INEOKMATION 



ABOUT 



PATENTS AND PATENT LAW CASES. 



There are questions constantly being put to us by our correspondents 
touching the legal rights of inventors and patentees. These questions are 
of a multiform character, and ofttimes involve matters of great importance 
to those interested. We present herewith a great variety of topics which 
we have no doubt will interest and instruct all who are in any w^ay con- 
cerned in inventions and patent property. The information is mostly based 
upon the patent laws and decisions made in accordance therewith. 

Sale of Inventions Prior to the Issue of Patents. 

The question is often asked : " Can .an invention be publicly used pre- 
vious to the application for a patent without invalidating the claim after 
the Letters Patent are issued ? " We answer, Yes. By the provision of the 
act of 1839, it is decreed that "no patent shall be invalid by reason of 
such purchase, sale, or use prior to the application for a patent as aforesaid, 
except on proof of abandonment of such invention to the public, or that 
such purchase, sale, or prior use has been for more than two years prior to 
such application for a patent." This is a humane provision, as it may often 
happen that, at the time the invention is made, the inventor may not be 
in circumstances sufficiently affluent to enable him to apply immediately 
for the patent, or he may desire to make some experiments for the purpose 
of testing the probable value of his invention. 

Inventors, however, should carefully avoid reposing too much confidence 
in this provision, as the same section of the law thus cited provides that 
" every person or corporation who has or shall have purchased or con- 
structed any newly invented machine, manufacture, or composition of mat- 
ter, prior to the application by the inventor or discoverer for a patent, shall 
be held to possess the right to use, and vend to others to be used, the specific 
machine, manufacture, or composition of matter so made or purcliased, 
without liability therefor to the inventor or any other person interested in 
such invention." 

The Inventor must Apply for the Patent. 

It is necessary, in all cases, that an application for a patent should be 
made in the name of the inventor. Canadians, and other foreign inven- 
tors, have erroneously supposed that by transferring their full rights to an 
American citizen, preliminary to an application, they could thereby obtain 
the patent for the same small fee as is required of a citizen. There is not 



76 HOW TO SECURE EUROPEAN PATENTS. 



RUSSIA. 

Since the close of the Crimean war much attention has been given to 
Russian patents by Americans. Russia is a country rich in mineral and 
agricultural products, and there seems to be a field open for certain kinds 
of improvements. The present Emperor is very liberally disposed towards 
inventors ; and as an evidence of the interest which he takes in the prog- 
ress of mechanic arts, we may state that we have had visits from two 
distinguished Russian savans, specially sent out by the Emperor to examine 
American inventions. As Russian patents are expensive, and somewhat 
difficult to obtain, we do not take it upon ourselves to advise applications ; 
inventors must judge for themselves ; — and this remark applies not only to 
Russia, but also to all other foreign countries. 

CANADA. 

Patents of invention are granted only to actual residents of Canada, and 
British subjects. Under the general patent law of Canada, an American 
cannot procure a patent for his invention there. The only way in Avhich 
he can do so is by virtue of a special act of parliament, which is difficult, 
uncertain, and expensive to obtain. 

At the time of putting this pamphlet to press, a bill was before the Ca- 
nadian Parliament with some prospect that it would become a law. Our 
arrangements for securing Canadian patents will be complete whenever 
the bill is passed. 

BRITISH INDIA. 

The date of the law, February 28, 1856. Duration of a patent, fourteen 
years. Invention must be worked within two years from date of petition. 
Privilege granted only to the original inventor or his authorized agent in 
India. 

SAXONY. 

Duration of a patent, from five to ten years. Invention must be worked 
within one year from date of grant. Careful examination made before 
granting a patent. 

HANOVER. ^ 

Duration of a patent, ten years ; and in case of a foreign patent having 
been previously obtained, an authenticated copy of said patent must be 
produced. Invention must be worked within six months from date of grant. 

Annuities. — Persons holding foreign patents secured through our 
agency can have the annuities paid through us. We are obliged to exact 
a small fee for attending to these payments, in order to meet expenses of 
transportation, agency charges on the other side, and for exchange of 
money, but the charge is but trifling for such service. 

jVCCTNISr & CO., 
37 PAEK ROW, AND 145 NASSAU STREET, NEW YORK. 



INTERESTING ITEMS OE USEFUL INFORMATION 



ABOUT 



PATENTS AND PATENT LAW CASES. 



There are questions constantly being put to us by our correspondents 
toucbing the legal rigbts of inventors and patentees. Tbese questions are 
of a multiform cbaracter, and ofttimes involve matters of great importance 
to tbose interested. "We present herewith a great variety of topics which 
we have no doubt will interest and instruct all who are in any way con- 
cerned in inventions and patent property. The information is mostly based 
upon the patent laws and decisions made in accordance therewith. 

Sale of Inventions Prior to the Issue of Patents. 

The question is often asked : " Can .an invention be publicly used pre- 
vious to the application for a patent without invalidating the claim after 
the Letters Patent are issued ? " We answer, Yes. By the provision of the 
act of 1839, it is decreed that "no patent shall be invalid by reason of 
such purchase, sale, or use prior to the application for a patent as aforesaid, 
except on proof of abandonment of such invention to the public, or that 
such purchase, sale, or prior use has been for more than two years prior to 
such application for a patent." This is a humane provision, as it may often 
happen that, at the time the invention is made, the inventor may not be 
in circumstances sufficiently affluent to enable him to apply immediately 
for the patent, or he may desire to make some experiments for the purpose 
of testing the probable value of his invention. 

Inventors, however, should carefully avoid reposing too much confidence 
in this provision, as the same section of the law thus cited provides that 
" every person or corporation who has or shall have purchased or con- 
structed any newly invented machine, manufacture, or composition of mat- 
ter, prior to the application by the inventor or discoverer for a patent, shall 
be held to possess the right to use, and vend to others to be used, the specific 
machine, manufacture, or composition of matter so made or purcliased, 
without liability therefor to the inventor or any other person interested in 
such invention." 

The Inventor must Apply for the Patent. 

It is necessary, in all cases, that an application for a patent should be 
made in the name of the inventor. Canadians, and other foreign inven- 
tors, have erroneously supposed that by transferring their full riglits to an 
American citizen, preliminary to an application, they could thereby obtain 
the patent for the same small fee as is required of a citizen. There is not 



78 INTERESTING ITEMS OF USEFUL INFORMATION. 

a lawyer, either in England or America, from the Lord Chief Justice 
downwards, competent to prepare a transfer that can convey to another 
the right to legally execute papers on an application for a patent. In all 
cases the applicant must swear to his invention, and also as to whether he 
is a citizen or a foreigner. This is a perpetual bar to the conveyance of 
any such right. 

Rights of Minors. 

A minor can take a patent in his own name, but it is subject to the con- 
trol of one of his parents or his legal guardian, the same as any other prop- 
erty that may come into his possession. 

By the laws of the United States, as well as Great Britain, minors, 
until they are twenty-one years of age, are not considered competent to 
do business. Minors could not, therefore, legally transfer a patent ; neither 
could the parent or legal guardian do this in case the term of the patent 
should extend beyond the time when the minor became of age. There are 
difficulties connected to the transfer of patents granted to minors which 
appear never to have been settled. 

Women's Rights. 

Women can also apply for and obtain patents upon the same terms as 
the sterner sex. We frequently take out patents for ladies ; but they do 
not exercise their ingenuity as much as they ought. 

If the woman-patentee is of age she can transfer a patent legally, and 
enjoy all the rights and privileges of any one. 

CurioTis Question about Ownership in Patents. 

Many employers think themselves entitled to all inventions made by 
persons in their service. This is not so unless there is a stipulation to that 
effect ; and it is high time that employers should abandon such unjust pre- 
tensions. No inventor need fear of thus losing his right, unless it can be 
proved that he was employed expressly to bring out such invention for the 
benefit of his employer. 

In regard to inventions made by slaves, it has been the practice of the 
Patent Office to reject such applications, as they are considered legally in- 
competent alike to receive the patent and to transfer their interest to others. 
In reference to free colored men, we believe them also to be incom- 
petent to receive a patent, as under the United States Laws they are not 
regarded as citizens, and could not therefore defend a patent against in- 
fringers in the United States courts. 

Joint Patentees.— Recording Assignments. 

There are three classes of assignments that must be recorded at the 
Patent Office within three months from their date, in order to insure their 
validity against subsequent purchasers without notice. These are, first, an 
assignment of the entire patent ; second, an undivided portion of a patent ; 
third, the sale of an exclusive right, under a patent, for a particular terri- 
tory. Illustration: If A, having already sold a patent to.B, turns knave 
and makes a second sale of the same property to C, who records it, (B hav- 
ing omitted to place his assignment on record within three months, and C 
having no knowledge of the sale to B,) then the assignment to C will be 



INTERESTING ITEMS OF USEFUL INFORMATION. 79 

held valid, and that to B becomes null ; B's only remedy being a suit for 
fraud against A. 

We are very frequently asked the following question : " A, B, and C 
each own an undivided third-interest in a certain patent. Can A proceed 
to manufacture and sell the patented article whenever he chooses, without 
the consent or without accounting to B and C as to the proceeds ?" 

In answer we say that A can proceed, without consent, to manufacture 
and sell the patented article whenever he pleases. Whether B and C can 
procure an order from the Court compelling A to give bonds that he will 
account for profits and set apart a third share thereof to each, under the 
direction of the Court, is a question as yet undecided. 

The opinion, however, prevails that one of the owners in a joint patent 
may use the invention, freely, for his own benefit, so long as he does not 
debar the others of the right to do the same. 

If an assignment of the invention is made at the time of the application, 
and the case is rejected after examination, and the inventor or his attorney 
afterwards succeeds in securing the issue of the patent, by appeal or other- 
wise, this issue does not, as some have supposed, render the transfer in- 
valid. The same remark also applies to a case which may have been 
withdrawn, and resubmitted and patented under a new application. 

Stamping Patented Articles. 

It is customary, but not compulsory by any existing law, that patentees 
should have their names stamped or engraved on the patented articles 
offered for sale ; but the patentee is required by law to conspicuously 
stamp or engrave the precise date on which the patent was issued, upon 
each article. The penalty of a non-compliance with this rule is one hun- 
dred dollars for each violation of the law, and a violation occurs as often 
as a machine is manufactured or sold. The same penalty is enforced 
against any person who marks the word "patented " upon a machine or 
other article for which no patent has ever been granted. This is one of 
the few forms of falsehood for which our truth-loving legislators have pro- 
vided a pecuniary punishment. But pending the issue of a patent to an 
applicant, the latter may mark the words "patent applied for" upon his 
machine or other article, and afiix his name thereto, if he chooses. 

Qnestions about the use of Patented Inventions. 

It seems to be a disputed question with many persons, whether a patent 
for an invention prevents a man from imitating it, merely for his own 
private itse, so long as he does not sell it. We answer. It certainly does. 
A patent is an exclusive privilege, granting to the patentee, for the term 
of fourteen years, the right to make, vend, and use, and to sell to others 
the same rights and privileges ; therefore no one has any right to use a 
machine on his individual account. If this were not so, many patents 
would be entirely worthless, such as those for bridges and other structures 
or machines, which could be used by corj)orations, manufactories, &c., and 
the whole catalogue of manufacturing processes would thus become of no 
value. 

The question is often asked : " Suppose John Brown owns tlio riglit of 
a patented invention for the State of New York, and Jolin Smitli for the 
State of Pennsylvania. Then suppose a resident of New York goes into 
Pennsylvania and there purchases one of the machines thus patented. 



80 INTERESTING ITEMS OF USEFUL INFORMATION. 

Now, can the latter individual carry it into the State of New York and 
use it without hability to John Brown?" We answer, No. John Smith 
can sell as many machines as he pleases, to all who come upon his terri- 
tory to purchase them ; but the purchaser would be liable to damages if he 
used that machine in any State for which the right was owned by another 
party. The same remark applies also to the rights for towns and counties. 
The OAvner of such a right may take an order to make a machine from 
another town or county, but he must not sell it there ; and the person 
whom he supplies cannot use the machine without the consent of the 
licensee of his own county. 

Can a Patent be Attached ? 

This is an important question. It is contended by some that, as a 
patent is granted to a person specified in the instrument for his exclusive 
use and benefit, no court nor power of government can deprive him of it 
unless he assigns it, and without his assignment the mere possession of the 
document is as so much waste paper. Lawyers engaged in ordinary civil 
suits have confused this subject very much for want of proper knowledge 
on this subject. Some years since we took the advice of an eminent 
counsel on patents, resident in this city, who gave it as his opinion that, by 
a proper process of law, a patent can be attached and sold. 

It is obvious to all who think upon this subject that a patent, which is a 
species of incorporeal property, and subject to the laws of the United 
States, cannot be seized upon by the ordinary process of attachment or 
execution as provided for by the various states. A patented machine 
could, however, be levied upon, but not the rights secured . under the 
patent. There are no decisions upon this subject, and hence the question 
is somewhat complicated. Curtis, in his able work on patents, referring 
to the same subject, says : — "The interest in a patent may also be assigned 
be operation of law, in case of the bankruptcy of the patentee, as well as 
by his voluntary assignment. There is no question that a patent already 
obtained passes to assignees in bankruptcy." 

Abandonment of an Invention. 

After the expiration of two years from the date of a patent, it is then 
too late for a subsequent applicant to come forward and, by proving prior- 
ity, receive a patent. In such cases the Commissioner of Patents holds 
that the prior inventor, by permitting the public exposure for two years, 
at the Patent Office, of a model and drawings of the invention, without 
setting up any claim to the invention, has virtually abandoned the improve- 
ment, and is not entitled to the protection of the law. 

Annulling of Patents. 

The Commissioner of Patents has no power to annul an existing patent. 
He can order an interference to be declared between an existing patent 
and a pending application for a patent for the same invention, and then 
require testimony from each party in order to substantiate the question of 
priority of invention. If this is proved by the applicant for the pending 
case, the Commissioner exercises the right to grant the second patent. 
The evidence produced in the examination would confer a prima facie 
right upon the successful party. 



INTERESTING ITEMS OF USEFUL INFORMATION. 81 

Using Patented Devices after Extension. 

The benefit of an extended patent inures solely to the original inventor 
and patentee, or to his legal representatives. An assignee for the first 
term of the patent only,, cannot exercise any right or interest under the 
extended patent. This question has been determined by a decision of the 
U. S. Supreme Court. Assignees, however, who were using patented 
machines at the time of the extension, still possess the right to use the 
same specific machines under the extended term of the patent, but this 
right does not cover the manufacture of new machines, or their sale to 
other persons. 

The language of the law on this point is as follows : " And the benefit 
of such a renewal shall extend to assignees and grantees of the right to 
use the thing patented, to the extent of their respective interests therein. 
This clause obviously permits only the using of the invention according 
to the interest in it, which is the machine and nothing more. 

License Laws of States. 

With a view to protect their own manufactures, certain of our States 
have passed laws regulating the conditions upon which goods may be sold 
by itinerating merchants or peddlers within their limits. Persons interested 
in the sale of patented articles have often supposed that these laws could 
not prevent them from selling such articles, as, otherwise, the laws would 
conflict with our United States patent code, which gives to patentees and 
their assignees the exclusive right to make, use, and sell their inventions in 
all States and Territories within the jurisdiction of the United States 
Supreme Court. In this opinion they are evidently mistaken, as each State 
exercises the right to decide what shall be sold, and how it shall be sold, 
within its borders. Therefore peddlers of patented articles cannot sell them 
in any State where such laws exist, without obtaining a license from the 
proper authorities. 

Rights of Citizens who have Removed from the United 

States. 

It not unfrequently happens that natives of the United States remove to 
the adjoining provinces, and remain there without taking any legal measures 
to dissever .their former political connection. Sometimes inventors have 
applied to us to know what rights they possess under such circumstances. 
The following opinion from the United States Attorney-General will enable 
all to decide for themselves how far removal has afiected their citizenship. 
He says : — 

" There is no statute or other law of the United States which prevents 
either a native or a naturalized citizen from severing his political connection 
with the government, if he see proper to do so, in time of peace, and for a 
purpose not directly injurious to the interests of the country. There is no 
mode of renunciation prescribed. In my opinion, if he Emigrates, carries 
his family and effects with him, manifests a plain intention not to return, 
takes up his permanent residence abroad, and assumes the obligation of a 
subject to a foreign government, this would imply a dissolution of his pre- 
vious relations with the United States, and I do not think we could or 
would afterward claim from him any of the duties of a citizen." 

6 



INTERESTING LETTERS 

FROM INVENTORS AND PATENTEES. 



The accompanying correspondence is but a small portion of that which 
has been addressed to Messrs. Munn & Co., testifying to their unparalleled 
success in prosecuting applications for patents. These letters are uniformly 
written in excellent taste, and reflect credit upon their authors. It is a 
mistake to suppose that inventors as a class are ignorant men ; such letters 
as are herewith presented are a complete refutation of such an assertion. 

Messrs. Munn & Co. have received hundred of such letters from their 
grateful clients, from all sections of the country. If republics are ungrate- 
ful, inventors are not. 

Messrs. Munn & Co. : — I received my letters patent from the United 
States Patent Office. I return you my sincere thanks for getting it through 
so quick. I think you are friends to inventors — punctual, honorable, re- 
sponsible men, and I wish you success. If I should have more patent busi- 
ness I shall know it is safe in your hands. 

Louisville, Ky. JOHN FAIRCLOUGH. 

Messrs. Munn & Co. : — I have received the specification and claims 
on my invention ; and just as some doubts as to unnecessary delay (a thing 
that too frequently happens to anxious inventors by patent solicitors who 
take in cases, and then take their own time to give them attention,) began 
to arise, they were dispelled by the reception of my volumnious papers ; 
thus adding a new obhgation of interest and fidelity to you. I say it sin- 
cerely and honestly, the interest of the inventor is yours. You have exceeded 
my expectations, both as to the character and also the extent of my claims ; 
by them I feel fully protected. Please find within your very reasonable 
fee. For this and many other favors, receive my ardent gratitude. 

Troy, N. Y. PHILANDER PERRY. 

Messrs. Munn & Co. : — I have forwarded the specification and draw- 
ings signed as directed. I return to you my sincere thanks for the very 
efficient manner in which you have drawn up the specification and claims 
for my invention, and I must confess you have earned double the money 
charged. 

Wheeling, Va. HENRY BENTER. 

Messrs. Munn & Co. : — I received my letters patent on January 21. 
Please accept my sincere thanks for the prompt and expeditious manner in 



INTERESTING LETTERS. 83 

which you have managed my case. I have taken the Scientific Ameri- 
can more than two years, and would not do without it for more than twice 
the sum I have to pay for it. 

West jDummerstmvn, Vt. ABiNER L. BUTTERFIELD. 

Messrs. Munn & Co. : — I was very agreeably surprised this morning 
by receiving my papers from the Patent Office. I had no idea of the pro- 
gress you were making with my case. You have certainly been very ex- 
peditious. I did not expect to get the papers for some time yet. Your 
system must be very perfect to accomplish so much in so short a space of 
time. I shall take great pleasure in recommending you among all my ac- 
quaintance who may have business with the Patent Office. Please accept 
my most sincere thanks for your services. I do not believe that I could 
have obtained the patent had I made the application myself or through 
any other agency. 

Philadelphia, Pa. E. A. GOODES. 

Messrs. Munn & Co. : — I am pleased to acknowledge the receipt of my 
patent papers. I feel under obligations to you for the dispatch with which 
you have executed my business heretofore, and doubly so in this instance^ 
as this completes every improvement necessary to make a perfect revolver. 

Middletoim, Cmn. EDWARD SAVAGE. 

Messrs. Munn & Co. : — During the past three months I have employed 
you to prepare and prosecute six applications for patents, and I take pleasure 
in stating that all these cases were granted without any essential alteration 
in the papers. In all my experience as and inventor, which covers a space 
of twenty -five years, (my first patent was granted in 1834,) I have never 
had applications so thoroughly and satisfactorily prepared. Any one con- 
templating to procure patents has but to visit your immense establishment, 
and watch the complete system which governs it throughout — as I have 
done from day to day — to be satisfied that it is the place, above all others, 
to apply for information and professional aid in all matters pertaining to 
letters patent for inventions. Tendering to you and your efficient corps of 
examiners my thanks for the courtesy and fidelity shown to me and to my 
business, I am, gentlemen, 

Your obliged friend, 

New York, Dec. 20, 1859. • JOHN W. COCHRAN. 

Messrs. Munn & Co. : — Noticing from time to time, in the columns of 
the Scientific American, extracts of letters from parties for whom you 
have acted as attorneys, complimentary to yOu, I beg to state my own ex- 
perience in obtaining patents through your agency, as a testimonial of my 
appreciation of your ability in preparing patent papers and conducting cases 
before the Patent Office. Since 1855, I have made, througli your office,* 
eight applications for Letters Patent; six have been granted (not one of 
which was even temporarily rejected) and two are now pending before the 
Patent Office, on which I expect an equally good result. Tlieso facts you 
are at lil)erty to publish for the benefit of inventors who are about to apply 
for patents, and who are undecided as to whom to employ to do their 
business. 

Charleslown, Mass, WJLLIAM FUZ^AJID. 



84 INTEEESTING LETTERS FROM 

MM. MuNN & CiE- : — J'ai re9u votre cliarmante lettre par laquelle vous 
m'annoncez que mon brevet d'invention m'a ete accorde a Washington. 

Veuillez recevoir mes remerciments pour les souhaits que vous me faites 
et pour la celerite avec laquelle vous avez agi dans mon affaire. 

II est certain qu'on ne peut rencontrer nulle part une agence pour brevets 
instituee sur des bases plus larges et plus solides. 

Quante a votre journal, auquel je suis reste constamment abonne depuis 
quelques annees, je me plais a avouer que c'est un des journaux scientifiques 
qui m'ont le plus inter esse, et qu'il est vraiment digne du patronage que 
vous avez su lui faire acqu^^rir. 

Veuillez me croire votre devoue serviteur. . 

New York le 31 JwlUt, 1860. F. DE COMPOLORO. 

Messrs. Munn h Go : — I received my Letters Patent for my first 
application two or three days ago. I need not say I am well pleased with 
the obliging courtesy and promptitude which have characterized your ex- 
ertions for me. While in the eastern States last winter, I visited some 
other patent agencies, thinking that, as they were less widely known, their 
fees would be smaller ; but I found them to be fifty per cent, higher, while 
their facilities for doing business were many hundred per cent, lower. If 
your modesty will allow, I would be glad to see this published in your 
columns for the benefit of a host of inventors. 

Adrian, Mich. J. L. G. WARD. 

Messrs. Munn & Co. t — On. the 16th inst, I received from the Patent 
Office my Letters Patnt on "Improvement in Locks," dated March 15th. 
I wish to express my obligation to you for the clearness with which you 
have described the principles of my claim in the specification, and the 
promptness with which you haVe obtained the papers. It fully confirms 
the reputation of your agency for correctness and dispatch in that 
business. 

W. S. KIRKHAM, 

Branford, Conn. Secretary of the Squire and Parsons Manuf g Co. 

Messrs. Munn & Co. : — I have just received your last, and also my 
Letters Patent from the government ; I was truly glad to do so, as (like all 
the rest of mankind) I always like to meet witk success in all my under- 
takings. At the very onset, however, your well-known reputation for 
thoroughly presenting ail your cases at the Patent Office was a sufficient 
guarantee that success would certainly crown my application if the case was 
worthy of it. Please accept my thanks. I shall take pleasure in recom- 
mending your firm to persons desiring to secure patents. 

Boston, Mass. D. WELLINGTON. 

Messrs. Munn & Co. : — I am happy to acknowledge the receipt to-day 
of yours, together with the Letters Patent for my lock, I feel myself under 
obligation to you for the accuracy and dispatch with which my business has 
been carried on; and though, if I fail, I have spent more money than I can 
well afford, I will still have the satisfaction of knowing I have tried. 

Westerjs. Reserve College, Hudson, Ohio, 0. B. THOMPSON. 



INVENTORS AND PATENTEES. 85 

Messrs. Munn & Co. : — I need not assure you of the great pleasure I 
feel in tendering you my heart-felt thanks and gratitude for the prompt and 
efficient manner in which you have conducted my business with the Patent 
Office, and brought my case to a favorable close. 

Albany, N. Y. [ W. HARVEY. 

Messrs. Munn & Co. : — Yours of the 6th inst. has been duly received, 
bringing intelligence of your success in procuring a patent for our railroad 
car-brake, which is glorious news to me ; and to you I shall have to attribute 
praise for your skill in conducting a case which seemed so difficult. "All's 
well that ends well." 

Bart, Lancaster Co., Pa. J. MOORE. 

Messrs, Munn & Co. : — It may not be uninteresting to you to hear how 
we have succeeded with our washing machine. It is now a little over two 
months since we received our patent through your agency, since which time 
we have sold over ten thousand dollars^ worth of rights for manufacturing, 
and have not been out of two counties to do it. Our machine has taken 
the first premium at every fair where it has been entered, and, in a number 
of instances, preceded four to ten other machines. 

Princeton, III. A. R. BODLEY. 

Messrs. Munn & Co. : — I received my Letters Patent, and am highly 
satisfied with the prompt and careful manner in which you have managed 
the business. Your charges have been no more than I had to pay to 
another agent for the case I trusted him with, and which he lost. I am 
confident, had I trusted my previous case to you, I would have been saved 
the cost of an application. 

Cleveland, Ohio. J. McKENZIE. 

Messrs. Munn & Co. : — It will be only the just dictate of gratitude 
should I express my high appreciation of yourselves for the liberality and 
promptness with which you have carried my late patent to a successful 
issue. I particularly admire your sagacity, as well as honesty, in discover- 
ing and securing an important claim, which I saw not ; and I shall not be 
slow to recommend your patent corps to many inventors who need such 
assistance ; indeed, sirs, I have thus recommended you, and have secured 
several applications, and another important application, through my influ- 
ence, will shortly be made to you. 

Troi/, N. r. PHILANDER PERRY. 

Messrs. Munn & Co. : — I have much pleasure in informing you that I 
have this morning received my third and last patent, secured through you, 
for improved machinery for cutting corks and bungs, from the Patent Office 
in Washington. All the claims I put in are allowed, and all my hopes and 
expectations are, thus far, completely realized. In the midst of my satis- 
faction at this successful issue of many years of arduous labor and study, a 
feehng of joy and thankfulness pervades my mind at the thorouglily busi- 
ness like tact and masterly style which you have at all times displayed 
from the first commencement of my intercourse with you, in conducting and 
forwarding my several applications for patents through their several stages 
of advancement — from the first rough embodiment of my ideas down to 



86 INTERESTING LETTERS FROM 

their triumphant completion, which I behold in these elaborate and (to me) 
invaluable documents (the patents and assignments) which are now lying 
on my table, bearing the broad seal of this great republic of science, litera- 
ture and commerce. These papers explain and describe, in the most beauti- 
fully simple, lucid and concise terms, the particulars of my inventions and 
improvements already referred to, and reflect the greatest possible credit on 
their talented compilers. Permit me further to express my sentiments of 
gratitude and delight for the very courteous treatment I have invariably 
received in your office, both from yoursel and from every employe in your 
establishment. If the publication of this letter (which I have penned from 
motives of duty, and as only a just acknowledgment of the immense services 
you have rendered me) will be agreeable to you, I fully authorize you to 
make this or any other use of it you may think proper. 

Boston, Mass, E. CONROT. 

Messes. Munn & Co. : — I have duly received from the Patent Office 
a patent for improvements in hot-air engines. Pray accept my best thanks 
for your potent aid in the matter, 

J. ERICSSON 

Messrs. Munn & Co. : — My papers are duly to hand, and I , am very 
well pleased with them, and if I have any more patents to apply for, I will 
pass them through your hands with pleasure. 

Raymond, Miss. ' J. G. ROUX. 

Messrs. Munn & Co. : — Please accept my sincere thanks for the 
prompt and satisfactory manner in which you have managed my busi- 
ness — in which you have well sustained the high reputation you possess 
for promptly and thoroughly presenting all your cases at the Patent Office. 
I shall take pleasure in recommending your firm to persons desiring to 
secure patents. 

Reading, Pa. A. P. TUTON. 

Messrs. Munn & Co.: — My patent for direct-acting engines was 
issued on the 5th and received on the 7th, for which receive many 
thanks, for the prompt, efficient, and satisfactory manner in which you 
have conductea my business. I shall take great pleasure in recom- 
mending you to all my friends as honest and trustworthy, competent, 
and every way qualified to conduct the- business of securing patents. 

Ta aqua, Pa. H. CLAYTON, 

Super, of Machinery, Little Schulkill Nav. Rail and Canal Company. 

The same gentleman, writing again, remarks: — "Your manner of con- 
ducting my business has been satisfactory, and the assurance you made of 
succeeding inspired me with an unusual share of confidence. Permit me 
again to return my sincere thanks, and to hope that inventors generally 
will patronize you (more especially the laboring class of mechanics) as a 
firm who does not exact more than a reasonable fee, and whose advice to 
them is of incalculable value." 

Messrs. Munn & Co. : — My Letters Patent for an improvement in Bee- 
hives (for which an application was made through your agency) are at 
hand. I can say I am truly gratified with the result, and with the prompt- 
ness and efficiency manifested by you in its procurement ; and I shall, with 



INVENTORS AND PATENTEES. 87 

pleasure, recommend your agency to all who may desire assistance in 
obtaining patents, or who may wish for information on that subject. 

ZaTiesville, Ohio. DANIEL ARNDT. 

Messrs. Munn & Co. : — I have just received my Letters Patent, the 
issue of which you had previously announced to me by mail. I am very 
much obliged and thankful for the manner in which you have brought my 
claims to a satisfactory conclusion. I have felt considerable anxiety about 
the success of the application ; my residence being so far distant, and our 
mails here being very unreliable, letters being sometimes detained nearly 
three weeks on their way to New York. If I should have any other ap- 
plication, I shall certainly apply to you, and shall also take pleasure in 
recommending your firm to my friends. Please let me know, by next 
mail, what you will charge me for engraving and publishing my invention 
in the Scientific American, and furnishing 400 copies of that very 
valuable journal, as the distribution of such copies among sugar-planters 
would certainly be of immense advantage to liie. 

Baton Rouge, Leu J. J. UMBEHAGEN. 

Messrs. Munn & Co. : — I have just received from you the satisfactory 
intelligence that my patent is " put through" at Washington. I have 
been chagrined at hearing from some persons that my patent would not 
be granted without further fees : and that some other persons would have 
done it better, and in a shorter time ; and the next news I would get would 
be " some difficulty, and more money wanted." Now, I can prove the falsity 
of such assertions. I would have enclosed a year's subscription to your 
valuable Scientific American, but I intend to exert myself to get up a 
cluh for it, and titere would be better chance for getting one up after 
harvest. I have got another invention, and you will soon hear from me 
again. At present, it is due to you for me to say, that I have never had 
business done more promptly or satisfactorily. 

Mjo Brighton, Vcu J. C. RAINBOW. 

Messrs. Munn & Co. : — You will please accept my thanks for the 
prompt manner in which you attended to my business in the Patent Office. 
I feel in duty bound to do what I can to extol both your manner of doing 
patent business and conducting the Scientific American; I am an old 
practical tanner, (almost 60 years of age,) and unable to work as usual by 
the day or month ; but I have had experience of many different modes of 
tanning in various parts of the world, and I am familiar with many very 
important matters that are unknown to other tanners. During a period of 
28 years, I have worked in England, Ireland, Scotland, Bengal, (India,) 
Cape of Good Hope, France, Lower and Upper Canada, and in the 
United States ; and as a man of truth and soberness, I will wilhngly give 
instructions in' the above art to any person who will address mo, enclosing 
a postage-stamp for return, of mail. Your humble servant, 

Dubuque, Iowa, Aug. 5, 16G0. ALEX. HILL. 

Messrs. Munn & Co. : — I return my sincere thanks for the active part 
you have taken in obtaining the patent for the Excelsior Grain-cleaner in 
so short a time. I have had full satisfaction from the commencement 



88 INTEKESTING LETTERS FROM 

of our interview until I received my patent papers on July 28th. I 
expect to soon have another machine ready for your examination. 

Very respectfully yours, 
Fairview, N. Y., Aug. 6, 1860. MATTHEW BARTHOLOMEW. 

Messrs. Munn & Co. : — I am in receipt of my Letters Patent bearing 
date June 26th, and need scarcely add I am much pleased with the 
promptness which you have shown in this as in other business transactions 
I have had with you, for which accept my best thanks. I only forwarded 
my claim to you on June 2d. I make this note from the fact that, on a 
former occasion, some years ago, when I applied for a patent without your 
aid, and after five months' delay my claim was rejected on some frivolous 
ground ; I then employed and paid a patent agent in Pittsburgh, and as I 
felt persuaded my claim was a legitimate and just one, I proceeded to 
Washington. "When in the federal metropolis, I was obliged to pay 
another patent agent, and after considerable time and expense and great in- 
convenience, I succeeded in establishing my claim, and received a valuable 
patent. Yours respectfully, 

Chicago, III. , July 31, 1860. JOHN SWEENEY. 

Messrs. Munn & Co. : — I only write to say that your prompt and 
efficient attention to the business entrusted to you has given me entire 
satisfaction, and I will take pleasure in the future (as also in the past) in 
recommending your Patent Agency, and that valuable paper, the Scien- 
tific American, whenever opportunity occurs. 

Washington, Geo. SAMUEL BARNETT. 

Messrs. Munn & Co. : — I am happy to inform you that I am likely to 
realize a fortune from my combined vise and saw-sel? I have an agent 
who has sold rights for the New England States amounting to over $6,000, 
or more than $1,000 a State ; and if all the States in the Union were sold 
at that rate, the sum must amount to at least $25,000. I shall want you 
to do some more business for me before long. 

Vnionville, Ct. NORMAN ALLEN. 

Messrs. Munn & Co. : — My Letters Patent arrived to-day. Please 
accept my thanks for the prompt and handsome manner in which my ajBfair 
has been managed. I hope to realize something from it. I have your 
circular, and am trying to form a club for the Scientific American, but 
this is mostly a farming community, and they, as a class, do not feel like 
taking a scientific paper. Yours truly, 

Waiertown, Conn., June 20, 1860. H. M. WALKER, 

Messrs. Munn & Co. : — Your favor of the 24th inst. is duly received, 
and contents noted ; and in reply allow me at once to return to you my 
most grateful acknowledgments for the very prompt and energetic manner 
in which you have conducted my business to a successful termination 
before the Patent Office.. My very feeble health alone has prevented me 
from having two more cases ready for your prosecution. As to recom- 
mending your agency to others, this I can do most heartily, from a 
thorough conviction of your unbounded facilities and very superior ability 
to transact business in your line ; and as to your invaluable paper, the 
Scientific American, I am happy to confess myself its most enthusiastic 



INVENTORS AND PATENTEES. 89 

friend and advocate, and I shall take pleasure in promoting its circulation 
in this community. As to. my invention, (the improved Car Coupling,) 
I think you may safely set it down among the "important inven- 
tions." One railroad company that has had it on trial for some 
weeks, have acknowledged the fact that, if they had used it on their road 
for the last year, it would have saved them $40,000 in repairs, to say 
nothing of the loss of life. Congratulating you upon the high position you 
have attained before the public as patent agents, and the success of your 
publication, I remain, Yours, &c., 

Farmington, III, July 30, 1860. J. P. MENDENHALL. 

Messrs. Munn & Co. : — I received my patent papers all right, and I 
am very happy to express my thanks to you for doing the business for me 
right and well in every respect ; and I shall recommend all my friends to 
you when they have any patent business to do. I shall call on you again 
as soon as I can get time to make a model ; I have made some additional 
improvements. I shall also seek your counsel in regard to the general 
question of infringements; although no one, as yet, has claimed that I 
infringe on them, I yet wish to investigate the matter, and if I infringe 
where I cannot avoid, I desire to make arrangements with the party 
without trouble. Yours, &c., 

Springfield Centre, N. ¥., Aug. 24, 1860. J. W. SHIPMAN. 

Messrs. Munn & Co. : — My Letters Patent came to hand yesterday. 
I am exceedingly grateful to you for the success you have had in obtaining 
me a patent on my Rotary Engine. I was surprised at the accuracy of 
the drawing and the skill of the draughtsman. I am well pleased that I 
employed you. When I commenced, I thought that I would do my 
business with the Patent Office myself; but I afterwards considered that I 
had better employ you to do it, and I find that I acted wisely ; for, if I had 
gone on myself, I would not have got a patent upon the first trial, and 
probably not at all ; but if I had got one, it would not have been so 
definitely set forth in the claims. I shall take pleasure in recommending 
you as agents. Yours respectfully, 

Ottawa, III., Aug. 3, 1860. SAMUELT. PvUSSELL. 

Messrs. Munn & Co. : — I was extremely gratified to receive, on the 
25th inst., my Letters Patent for a Belt Coupling. I must say that, in my 
opinion, they are the handsomest looking ducuments I ever saw ; and I 
cannot refrain from expressing to you my sincere thanks for the manner in 
which you have conducted the case throughout. 

Cincinnati, Ohio, August 26, 1860. CHAS. FAIRFAX, Jr. 

Messrs. Munn & Co. : — I am in receipt of your note giving me the in- 
formation that the application made through your agency has met with 
success, and also am in receipt of the Letters Patent from Wasliington. 
Accept my sincere thanks for the promptness and ability with which you 
have conducted my case. I can cheerfully unite my liumble voice to scores 
of others in recommending your agency in all business connected with the 
Patent Office. The promptness and dispatch with which all comuumica- 
tions are attended to, and the concise and comprehensive form in which the 
claims, &c., are arranged, are sufficient guarantee to insure success to any 



90 INTERESTING LETTERS FROM 

applicant. I am much pleased with the drawings, for they exactly repre- 
sent the very idea I wanted to convey. All to whom I have shown the 
" papers " are greatly pleased with them ; and since I conceived the idea of 
the "guard," some five or six persons have been induced to concentrate 
their thinking faculties and "try their luck" at the patent business as in- 
ventors. Two have already obtained patents through your office, and the 
others are still hard at their contrivances. As to the Scientific American, 
I wish my efforts. could make it universally read; for I think there would 
then be a more general appreciation of the arts and sciences, and mechanics 
would be admitted to that position in society which is justly their due. 
Portsmouth, Fa., Mjyd, 1860. B. S. 

Messrs. Munn & Co. : — I have the great pleasure of acknowledging the 
receipt of my Letters Patent for reversing cultivator teeth. This case was 
presented to the Patent Office some six months ago ; but owing to defects 
in my specification and claim, the application was rejected. No doubt many 
inventors, who have undertaken (as I did) to prosecute their own applica- 
tions, have experienced the same results and abandoned their just rights in 
a valuable invention, when a patent might have been obtained had they 
employed competent attorneys. It is two things, to invent and to secure a 
patent. The energy with which you prosecuted my case to a successful 
termination, and the ability exhibited in framing my specification and claims, 
show your devotedness to the inventor's rights, and that you richly merit 
your extensive reputation. 

Bristolville, Ohio, April 19, 1860. HEMAN B. HAMMON. 

Messrs. Munn & Co. : — It is with pleasure that I write to inform you 
that I have received patents for my Pea and Bean HuUer and Crane, for 
which you will please accept my thanks, as I feel under many obligations 
for the prompt manner in which they were obtained, and shall most cheer- 
fully recommend your agency to any of my friends who may be desirous 
of obtaining patents. Very respectfully, 

Portsmouth, Va., August 2, 1860. JAMES P. SMITH. 

Messrs. Munn & Co. : — I am in receipt of my Letters Patent, and I 
am well pleased with the work throughout. I have sold territory to the 
amount of $1,200. Yours, with respect, 

Middle'own, Iowa, June 18, 1860. J. N. RANKIN. 

Messrs. Munn & Co. : — You will please accept my thanks for the 
promptness and dispatch you manifested in procuring my patent for pipe- 
molding machinery. I received my papers yesterday ; consequently you 
will see, by referring to the date on which I left my model at your office, 
(March 26th,) that it has all been done in less than six weeks. Consider- 
ing that my invention was a complicated machine, and that one of the 
claims was rejected and the papers had to be sent back to New York for 
alterations, I think you have done up my business in "A No. I " style and 
at railroad speed, I will advise all inventors that 1 may come across to 
give their business to your office by all means. You recollect that I took 

my case from , after he had kept it 5n his office for six weeks ; while 

you have only taken the same time to get it through the Patent Office that 
it took him to get his papers ready. If I ever have any more business of 



INVENTORS AND PATENTEES. 91 

this kind, you may depend I shall know where to get it done from this time 
forward. 

Albany, N. T, May 8, 1860. WILLIAM DOYLE. 

Messrs. Munn & Co, : — I hasten to acknowledge the receipt of your 
favor of April 30th, containing the gratifying intelhgence that my Letters 
Patent are granted. My thanks to you, for the speedy and efficient man- 
ner in which you have conducted my case, are more abundant than words 
can express. My first knowledge was that my invention was a valuable 
one ; and I now know that the right is granted whereby I can obtain that 
value, which is, of course, exceedingly gratifying. My influence for the 
future shall be directed in your behalf You will soon receive another case 
from 

Albion, K. r., May 1, 1860. N. S. GILBERT. 

Messrs. Munn & Co. : — Your letter announcing our good fortune has 
been this day received. Many thanks to you for the skill and energy which 
you have displayed in obtaining a patent for us. We had expected such a 
result, notwithstanding the case had been twice rejected; because we 
believed you to be above the too common trick of attorneys of holding out 
false hopes to their clients. We hope this is not the last patent we shall 
have the pleasure of obtaining through your agency, and wish you success 
both as patent-attorneys and editors of the Scientific American. 

Birmingham, Conn., Mayl, 1860. CHURCH & ELLSWORTH. 

Messrs. Munn & Co. : — A conviction of duty and obHgation has been 
burdening me for some time, in reference to an acknowledgment I deem 
justly due to the great "American Patent Agency," for the prompt and 
efficient service rendered in making out specifications, the beautiful draw- 
ings of models, and the obtaining numerous patents within two years past, 
without a single failure. I once thought I could make out my own speci- 
fications and drawings, but I am thoroughly convinced it would have been 
greatly to my disadvantage, had I attempted it. I have often been de- 
lighted when a specification has been sent to me for my signature, to dis- 
cover the tact, skill, and talent displayed in the choice of words, and of the 
phraseology used in describing and making perfectly clear the novel 
features and new points desired to be brought out. In one or two instances 
there were important points made clear, that I had not discovered myself 
in my own model 

I take pleasure, yea, pride in affirming my conviction that the great 
American Patent Agency, and Scientific American, combined, are 
wholesale benefactors of this entire country, and of inventors in particular. 
The Scripture affirmation is, that the truly benevolent or- Christian man 
"seeks his neighbor's wealth." There is a justifiable pleasure and pride 
in doing good to others, in lightening the burdens of this life, and causing 
prosperity and good cheer to spring up almost unexpectedly in thousands 
of widely separated families. The golden sands of useful trutlis and of 
scientific facts come tumbling along every week from the Scientific 
American into our families, to such an extent and of such a character 
that I often regret that every progressive family (or susceptible of being 
made progressive) could not be furnished with the perusal of its luminous 
pages. The sentiment advanced in one of the back numbers of your journal, 



02 INTERESTING LETTERS FROM 

that " the greatest discoveries have been made in leaving the beaten tracks 
of science and going into the by-paths," struck me as a useful fact, and is 
" an apple of gold in a picture of silver." I wish to say further, as facts 
are what we have to do with to a great extent, that moderate prices and 
fair dealing have characterized all my transactions' with the Scientific 
American Patent Agency. 

I am in the receipt, this day, of your note informing me that my patent 
is ordered to be issued. This is the more gratifying as I have this day 
made a successful trial of the horse rake ; it works to a charm. From six 
to twelve pounds is all the power necessary to be applied with the foot. A 
boy twelve years old can work it with ease. Please accept my thanks for 
your numerous favors. 

Worcester, Mass., September 5, 1S60. J.C.STODDARD. 

Messes. Munn & Co. : — Allow me to thank you for the assistance you 
have rendered Mr. Littlepage and myself by inserting in your columns the 
article in regard to the tests of water-wheels. We regard it as another 
evidence — 

1. Of your aim to publish correct data only, and to lay doubtful informa- 
tion, from whatsoever source, open to correction ; truth suffering nothing 
from investigation and discussion. 

2. That you will extend even justice to all, though unknown and from 
" Texas." 

You can hardly be aware how cheering it is to a poor inventor, 
accustomed to meet with a doubtful shrug of the shoulder in the way of 
assistance, to find that with Munn & Co., at least, he stands on the same 
footing with a "nabob," and will find such protection as even-handed 
justice would dictate and the public interest will allow.- 

Many a struggling inventor would gather strength from this knowledge, 
to overcome the many difficulties he encounters in mounting the first round 
of the ladder of success. 

To this I would add my feeble testimony in stating that inventors need 
not fear of being led on or encouraged by your establishment to spending 
their money in the pursuit of inventions such as, in your opinion, would 
not remunerate the applicant. At least several of mine, of doubtful nature, 
have been returned to me with the advice to experiment with them, 
simplify them, and to test them as to their value and usefulness, &c. 

When it is remembered that an inventor is generally slow — very slow 
— in discovering the defects of his own productions, such disinterested 
advice can not be too highly appreciated, although it may tear down 
" castles built in the air," and thereby prevent greater disappointments and 
loss of money. 

Austin City, Texas, September 5, 1860. ROBERT CREUZBAUR. 

Messrs. Munn & Co. : — I am happy to inform you that my Letters 
Patent have just been received from Washington, for my improved buggy 
plow ; and you will please accept my sincere thanks for the very prompt 
and ef&cient manner in which you conducted my case at the Patent Ofiice. 
I would further say, that you have secured all my business at the Patent 
Office for the future, and that of all my friends, as long as you conduct 
business as satisfactorily as in the present case. 

Kansas OUy, Mo., October 4, 1860. EDWIN J. ERASER. 



INVENTORS AND PATENTEES. 93 

Messrs. Munn & Co. : — We have received our Letters Patent from 
Washington. Just one month from the time we acknowledged our papers 
and forwarded them to you, we were in receipt of our patent deeds. This, 
as well as other business we have had with you, was promptly attended 
to, and increases our confidence in your agency, so that we shall endeavor 
to increase your list of clients, and engage your able counsel in all cases 
of the same kind we may have hereafter. For your energy and prompt 
attention to our case, you will please accept our most sincere thanks. 

Beartoun, Pa., October 5, 1860. G. W. & J. J. KERSEY. 

Messrs. Munn & Co. : — I was at last compelled to employ you as 
agents to " fix up " my re-issue papers for a sugar evaporator ; and I must 
say it is well done, and would have saved much difficulty if I had employed 
you to attend to my case in the first instance. I am not sure but that 

my present application for an improvement in will have to 

be fixed up by your firm yet. Respectfully, 

Mansfield, Ohio, Jan. 6, 1860. D. M. COOK. 

Messrs Munn & Co. : — I have the pleasure to inform you that I 
received my patent papers from Washington on December 31st; and I 
ought to have informed you before this, with a grateful acknowledgemnt 
for the skilful manner in which they have been got up by you. I have 
also the pleasure to acquaint you that I have sold one half of my interest 
for $10,000. This is my fifth application to the Patent Office. On my 
first I prepared the papers myself and got a patent ; the second and third 
I lost by employing bungling agents; the two last I obtained through 
your house ; and I am in hopes you will hear from me shortly in the same 
way, believing it to be the cheapest, surest, and most expeditious mode of 
obtaining my rights. 

Athens, Ga., Jan. 7, 1860. R. S. S. 

Messrs. Munn & Co. : — My patent came to hand this day, accompanied 
by your letter, &c. From the- reading of the document I feel induced to 
bless you, as it is a much better patent than I expected. I have already 
contracted and sold the right of territory for over $1,000, and yet the 
papers are not quite ten days old ! Truly I am in luck this time, and I 
shall always remember you with sincere thanks. I shall have another 
application to send you soon. As soon as the snow is gone I shall procure 
an ambrotype of my machine at work, and send it to you, that you may 
further assist me by giving a display in your invaluable Scientific 
American. 

Lockport, III., Jan. 18, 1860. J. L. 

Messrs. Munn & Co. : — I received your note in due time, stating that 
my Letters Patent were ordered to issue. I assure you it was gratifying 
intelligence to me ; and you will please accept my sincere thanks for your 
services in prosecuting my case before the Patent Office. I shall take 
great pleasure in recommending you as prompt and skilful patent agents 
to my friends. I have, conversed with manufacturers and patentees who 
have done business with you, and all unite in giving you the highest 
praise. Respectfully ^'■ours, 

Lyiulon, 111., March 12, 18G0. 15. E. ORTON. 



94 INTERESTING LETTERS FROM 

Messrs. Munn & Co. : Dear Sirs — ^We received your letter 'of the 
28th ult. in due time, bringing to us the gratifying inteUigence that you 
had been successful in conducting our patent case. We received our Let- 
ters Patent on the 9th inst. We feel under obligations to you for the 
manner in which you have executed our drawings, and for the promptness 
with which you have prosecuted our case through the Patent Ofl&ce ; and 
we assure you that if we should ever make application for another patent, 
it shall be through the medium of your agency, and shall commend you to 
our friends or any whom we may find desirous of procuring patents. We 
will also do all we can to extend the circulation of your valuable paper. 
We remain, your obedient servants, 

Nashpojt, Ohio, March 12, 1860. H. GARTNER, 

J. McCANN. 

Messrs. Munn & Co. — Gentlemen : — The patent for my improved 
steam-boiler came to hand a few days ago. I am much pleased with your 
promptness and success in obtaining me my Letters Patent, and shall take 
great pleasure in recommending you to my friends. 
Respectfully, your obedient servant, 

Neta Orleans, La., March 13, 1860. JOHN ARMSTRONG. 

» 

Messrs. Munn & Co. : — Verily, you are not mere agents, but true and 
sincere friends to patentees and inventors. You have got granted to me 
more than I ever expected, or even dared to ask for. I deeply appreciate 
your kindness, and shall not fail to reward you handsomely in case I should 
make anything by my invention. Meanwhile, accept my heartfelt thanks 
for your generosity. I am, with sincere respect, yonr obedient servant, 

Trenton, N. J., March 15, 1860. C. PRETSGH. 

Messrs. Munn & Co. : — Yours of the 10th inst. was received this 
morning; please accept my thanks for the information therein, and for the 
able manner in which you have prosecuted my claims before the Patent 
Ofi&ce. Be assured that I shall use every laudable means to further the 
success of your agency and that of your indispensable paper — the Scien- 
tific American — ^which I consider should be in every mechanic's house. 
I have given to three apprentices the paper for one year, and I find, upon 
inquiry, that they have already improved by the perusal of it. 

Charleston, S. C, March 18, 1860. S. DAGGETT, Jr. 

Messrs. Munn & Co. : — I feel truly grateful to you for the privilege of 
informing you that I am in receipt of my Letters Patent, which came to 
hand on the 10th inst. I was much pleased with their appearance. The 
drawings are so perfect that they hardly need explanation to enable a per- 
son to understand the working and construction of my machine. 

Chelsea III., March2o,18G0. W. W. GREEN. 

Messrs. Munn & Co. : — I am indeed under obligations to you for the 
promptitude with which you have conducted that business, and trust that 
your success in obtaining the patent will enable me ere long to show to 
you my gratitude for the kindness and indulgence you have on former 
occasions extended. 

Easton, Pa., March 26, 1860. W. BUSHWICK. 



INVENTORS AND PATENTEES. 95 

Messrs. Munn & Co. : — Accept my sincere thanks for the promptness 
and efficiency with which you have conducted my case through the Patent 
Office. I had scarcely hoped to have heard from it before another month 
(at least) had passed, seeing the very many applicants that are constantly 
pressing their claims. I shall certainly recommend others to present their 
inventions through you. I have now under my eye a very poor man, of 
some sixty years, or more, who is strugghng to get his application con- 
sidered, but finds himself involved in constant trouble and difficulty. I 
have not failed to urge him to take the same course, not doubting that you 
will inform him faithfully whether his invention is as valuable as he sup- 
poses, whether it is patentable, and whether likely to clash with other 
patents. I shall now add the stimulus of your success in my case, and 
again urge him to confide his claim to you. 
I remain yours, with sincere thanks, 

Philadelphia, Pa., April 4, 1860. S. CHAMBERLAIN. 

Messrs. Munn & Co. : — Yours, of the 2d inst., has come to hand, and 
I hereby tender you my sincere thanks for the efficient and energetic 
manner in which you have carried my case through to a successful termina- 
tion, and when opportunity offers, I will take pleasure in recommending 
all having business at the Patent Office to employ you, as being safe and 
honorahle men. 

Toledo, Ohio, April 6, 1860. J. K. LEMON. 

Messrs. Munn & Co. : — On March 26th, I received a letter from you, 
stating that you had been successful in prosecuting the business I entrusted 
to your care. Yesterday I received the Letters Patent, which confirmed 
your statements. I was much pleased with the description and claims, 
and was satisfied that the originators are competent and experienced men. 
Please accept my thanks for your services in the prosecution of my case at 
the Patent Office, and be assured that if any of my friends have business 
to transact in your line, I will recommend them to you. 

Viica, N. Y., April 6, 1860. G. K. BABCOCK. 

Messrs. Munn & Co. : — Your polite note of the 2d inst. came to hand 
yesterday, bearing the news that my last application was granted. You 
msij well imagine the enthusiasm that filled my heart at this result, for the 
anxiety I have had since the case was in your hands can only be realized 
by those in similar circumstances. I applied for a patent on my cultivator 
tooth, and on the hand corn-planter (patented the 6th of last month) nearly 
six months ago ; both cases were rejected. The corn-planter I finally got 
through myself. The other case my judgment dictated (after the bad luck 
had been sadly experienced) should be confided to Munn & Co. The 
case was energetically prosecuted by your successful agency, and it 
" passed the Rubicon." I can but again express my heartfelt thanks for 
your success; had the case been rejected my hopes and happiness would 
have been greatly blasted. 

Bristolville, Ohio, April 7, 1860. H. B. HAMMON. 

Messrs. Munn & Co. :-— I have not before had an opportunity oi' 
expressing to you my sincere thanks for your prompt and upright way of 
transacting my patent business, and if I have any other business I will 



96 INTERESTING LETTERS. 

certainly solicit your aid. I have considerably simplified my lock, so as to 
make it applicable to banks and other places where safety is required. 
There is one thing in your system of obtaining patents that is alone worth 
(to an inventor) all your fees; and that is the explanation you give, (in 
the weekly list of your claims, ) at the end of each patent obtained by you. 
I am astonished at any one employing any other than yourselves ; and 
such as do cannot be constant readers of your valuable paper, the Scien- 
tific American. 
North Adams, Mass., April 9, 1860. [C. DUCKWORTH. 

Messrs. Munn & Co. : — I have received the two patents issued the 10th 
inst., which makes three that I have received through your agency within 
the last four weeks. It is indeed gratifying to do business with business 
men, who understand their business, and have the facilities in every depart- 
ment to accomplish what they undertake. .Every case, thus far, which I 
have placed in your charge, has been successful. The one now before the 
Patent Office, I trust, will meet with the same result, as also the one before 
the English ojfifice. Inventors should be doubly cautious in whom they trust 
their cases. Several years ago I lost one by bad management of an agent 
in Washington city. Your success has more than met my most sanguine 
expectations, and hereafter it will aff'ord me the greatest pleasure to 
recommend you to all my friends, and inventors generally. 

Respectfully yours, 

Trenton, N. J., April 16, 1860. J. E. EMERSON. 



lleclanits, Ititento, Itamtfottors, |arraers, m'is ItilltorigMs. 



PROSPECTUS 



or THE 




ciittl 





This work dijBfers materially from other publications, being an Illustrated 
Periodical, devoted to the promulgation of information relating to the 
various Mechanical and Chemical Arts, Manufactures, Agricul- 
ture, Patents, Inventions, Engineering, Mill Work, and all interests 
which the light of Practical Science is calculated to advance. 

Every number of the SCIENTIFIC AMERICAN contains sixteen 
pages of reading matter, abundantly illustrated with from eight to ten 
Engravings — all of which are expressly engraved for this publication. 

All the most valuable patented discoveries &,re delineated and described in 
its issues, so that, as respects inventions, it may be justly regarded as an 
Illustrated Repertory^ where the inventor may learn what has been done 
before him in the same field which he is exploring, and where he may 
bring to the world a knowledge of his own achievements. 

Reports of American Patents granted are also published every week, 
including Official Copies of all the Patent Claims. These Patent Claims 
are furnished from the Patent Office Records expressly for this paper, and 
are exclusively pubUshed in the SCIENTIFIC AMERICAN. 

The contributors to the SCIENTIFIC AMERICAN are among the 
most eminent scientific and practical men of the times. The editorial 
department is universally acknowledged to be conducted with great ability, 
and to be distinguished not only for the excellence and truthfulness of its 
discussions, but for the fearlessness with which error is combated and false 
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98 PROSPECTUS OF THE SCIENTIFIC AMERICAN. 

besides affording them a continual source of knowledge, the value of which 
is beyond pecuniary estimate. Much might be added to this Prospectus, 
to prove that the SCIENTIFIC AMERICAN is a pubHcation which 
every Inventor, Mechanic, Artisan, and Engineer in the United States 
should patronize ; but the publication is so thoroughly known throughout 
the country that we refrain from occupying further space. 

The form is adapted for binding and preservation ; and each number con- 
tains SIXTEEN, and in a completed yearly volume the number of pages 
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six cents extra on each year's subscription, to prepay postage. 

When you order the SCIENTIFIC AMERICAN, be careful to give 
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• Publishers and Patent Agrents, 

No. 37 Park Row, (Park Building,) New York. 



I 



OPINIONS OF PATRONS. 



Since the commencement of the. "New Series" of the Scientific 
American, the circulation of that journal has steadily increased, and it is 
now greater by many thousands of copies per week than ever before. The 
public sentiment in approbation of the enlargement and change of form is 
universal, and the patronage is proportionate. The proprietors do not 
attribute this prosperity solely to their own exertions, however ; they con- 
sider that their success is much due to such kind friends as the writers of the 
following complimentary letters, and of scores of similar ones, which they 
are daily receiving from all parts of the country : — 

Messes. Editors : — Pardon me for saying that No. 1 of your " New 
Series" is one of the greatest improvements that has been ever made in 
any paper in this country ; and now the Scientific American seems, in 
its various departments, to be perfect. I have taken it for eight years, 
part of the time by subscription and the rest of the time of the news agents, 
and I find it of increasing value each year. 

Aurora, Hi, July 16, 1859. J. M. B. 

Messrs, Editors : — Since I had the pleasure of receiving the back 
numbers of your interesting and instructive journal, I have shown speci- 
mens to several influential manufacturers and intelligent mechanics in this 
vicinity. One man told me that he had twice obtained five dollars for a 
single recipe that he copied out of the Scientific American, which he has 
taken regularly for several years ; and I presume this is not an isolated 
cases, by many hundreds. It is just such journals as yours that are annu- 
ally condensed into encyclopedias, the compilers of which roughly scoop off 
the cream of all the new discoveries in science and art that have been re- 
corded in the columns of various periodicals during the year ; but the facts 
set forth in such annual works are often so mutilated or distorted in the 
condensation, and so meagre in outline, as to be practically of no value. 
Every mechanic and farmer in the land should subscribe for the Scientific 
American, not only for his own benefit, but also that of his children ; he 
may have a Franklin or a Fulton, a West or a "VVatt, in that httle marble- 
player whom he pets in his leisure hours ; and the natural bias of the child's 
mind toward mechanical or agricultural pursuits requires to be confirmed 
or further developed by intellectual nourishment of such a quality and quan- 
tity as can be derived only from a journal like your own. 

Let me encourage you, gentlemen, in your great enterprise. Perhaps 
we need light and elegant literature ; we may even need "chess columns;" 
but let the Scientific American continue to teach the people how to re- 
alize Dean Swift's prayer — " make two blades of grass grow on the spot 
where only one grew before ; " let it still increase the meclianical and agri- 
cultural knowledge of our artisans and farmers, by publishing the latest 



100 OPINIONS OF PATRONS. 

discoveries in science and improvements in the arts; and then its editors 
will have the noblest reward — that of being considered the "guardian an- 
gels" of genius, the champions of inventors, and the "prime motors" em- 
ployed in developing the highest physical and intellectual resources of this 
great country. 

Camden, Ark., Sept. 30, 1859. W. A. SHAW, M. D. 

Messrs. Editors : — I have been a regular reader of that excellent pa- 
per, the Scientific American, for the last five years ; and my judgment 
corroborates the assertion of many of my male acquaintances engaged in 
mechanical pursuits, that no other journal published in this country, or per- 
haps even in the whole world, so constantly, faithfully, and vividly records 
the onward and rapid march of mind, and the daily extension of its influ- 
ence over matter, in the fields of art, science, and general literature. It is 
the only paper which devotes all its energies to the promotion of the best 
interests of the mechanic and the inventor, and which, dispelling the clouds 
of doubt and anxiety " that often veil the eyes and oppress the hearts of 
many men and women of genius, throws widely open the portals of the 
vast halls of discovery, and exhibits, in the far-off but brilliant vista of the 
future, a destiny more glorious than that which ever was appointed to the 
greatest monarchs — the admiration, honor, and blessing which are invariably 
given by posterity to those who, during their lifetime, justly earned, by 
the ingenious embodiment of such of their intellectual creations as were 
practically useful, the proud title of benefactors of mankind. 

San Francisco, Cal. MRS. M. L. VARNEY. 

Messrs. Editors : — Please accept my best wishes for the continued 
prosperity of your truly valuable publication. I believe I have the honor of 
being among the oldest of your subscribers in this part of the State ; and 
have invariably and conscientiously recommended your paper to my acquaint- 
ances, and particularly my mechanical friends ; and, I think, not altogether 
without effect. 

Sumter, S. C, April 11, I860. T. J. COGHLAN. 

A correspondent, writing from Buffalo, says, in speaking of the value 
of the proposed enlargement of the Scientific American to its host of 
readers : — " I would as soon think of going without supper on Thursday 
night as neglect to call at the bookstore for the Paper of papers ; and I 
am proud to say that I have influenced many others to ' Go and do like- 
wise.' I have my volumes complete and nicely bound from Vol. V. ; and 
should poverty ever compel me to sell my library, my Bihle and my Scien- 
tific American should remain to grace the otherwise empty shelves." 

Messrs. Editors: — In your inestimable publication, exclusive of the 
valuable information which it constantly conveys to the studious mind, I 
often find remarks which — to use a plain expression — "hit the nail on the 
head." I now find, on page seventy-one of the present volume, these 
lines : — " The greatest discoveries have been made in leaving the beaten 
tracks of science and going into the by-paths. Let inventors mark this 
sentiment well." Permit me to say that, in my opinion, there are many, 
hke myself, who will consider that the above sentiment is the truth well 
spoken in a few words. 

A«^ Orleans, La., July 31, 1860. JOHN H. MARTINSTEIN. 



I 



OPTIONS OF PATEONS. 101 

[Mr. Martinstein is one of those faithful friends who are ever on the 
alert to serve somebody. For many years he has made up a large club 
in New Orleans, and sent us the list without compensation for his services. 
He is one of the many who think that they serve their friends by recom- 
mending the Scientific American. — Eds.] 

The circulation of the Scientific American is also increasing in Europe, 
and especially in Great Britain, where its subscribers are already counted 
by hundreds; several of these have expressed their opinion as to the 
merits of the above-named journal, and the following extracts "speak 
volumes " in reference to its excellence. 

Messrs. Editors : — It is now six years since we first introduced 
your valuable publication into the libraries of our Polytechnic Institution 
and Polytechnic Association. From that time your issues regularly 
arrived by the bookseller's parcel ; but it is now some months since this 
way seemed to be stopped, and therefore we were obliged to have recur- 
rence to direct subscription, for the Scientific American is (according to 
the general opinion of our technical public, and our own private persuasion) 
indispensable for every man who wishes not to he behind the age. So you 
will find our name among the list of your direct subscribers since the open- 
ing of the "new series." 

Berlin, Prussia, September 28, 1859. J. PINTUS & CO. 

In a recent letter from the proprietor of extensive mills at Carlisle, Eng- 
land,, he says : — " I have, for a long time, been a regular reader of your 
invaluable weekly paper. I get the Engineer (London) and other similar 
papers here ; but none of them are half so practical as yours^ 

An old subscriber, residing at Saverne, Prance, writes: — "Allow me to 
offer you my congratulations and my thanks for all you do for your readers. 
I am a subscriber to French, German, and English journals, of similar class; 
but the Scientific American is the most complete^ most practical^ and the 
cheapest. The others can not he compared to it. I am very sorry that 
nobody in my neighborhood understands English, or I would be able to 
send you some subscribers. I wrote to my bookseller, plainly, that I 
would agree to pay again for my paper ; feeling it to be very generous of 
you to give your subscribers, without any extra charge, a journal so greatly 
enlarged and improved as is the first volume of your ' new series,' 



> M 



Our thanks are due and are hereby tendered to the press of the United 
States and the British Prx)vinces for the generous notices which have been 
given to the "New Series" of the Scientific American. These notices 
are so numerous that we have not the space even to mention the names 
of our contemporaries who have thus favored us. "We hope they will all 
receive the Scientific American regularly, and that, in the course of each 
volume, they will be able to find much matter worthy of a place in their 
columns. 



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PATENT LA^ ^^ 1-^^ 



OF THE UNITED STATES; 



TOGETHER WITH 



RULES AND PROCEEDINGS 



IN THE 



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ALSO 



HINTS TO IN^yENTORS 

HOW TO OBTAIN LETtMs PATENT 



IM THE 



ISNITES Sf 41 3ES 4MS IWEtn 



WITH A SYNOPSIS OF THE 



^latent fates of |oreigu Countrits, 



ALSO 



SEFIJL LEGAL INFORMATIOX TO INVENTOllS AND TATENTEES. 



MUNN & C(J., PATENT SOLICITORS, 
PUBLISHERS OF THE SCIENTIFIC AMERICAN. 



6 OFFKJES: NKW YOJiK, W A S II I N <JT() \ , LONDON, AND TAUIS. ^ 



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